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HOWE'S 
NEW  ERA  CIVICS 


FOR  THE  STUDENTS  OF  TODAY  AND  THE  CITIZENS  OF 

TOMORROW,  TO  SHOW  THEM  WHAT  GOVERNMENT 

IS    AND  MEANS  IN  NATION,  STATE   AND   AT 

HOME,  TO  DEEPEN  THEIR  INTEREST  IN 

COMMUNITY     AFFAIRS,     AND     TO 

LIGHT  THEIR   PATH  TO  PUB- 

Lie  DUTY  AND  SERVICE 


By 

JOHN  B.  HOWE,  LITT.  D. 


>  •  •        >     » 


47710 

IROQUOIS  PUBLISHING  COMPANY,  Inc. 
SYRACUSE,  NEW  YORK 


To  My  Wife, 
Marietta  Gartlan  Hozve, 

The  Author. 


Copyright,    1922,   by 
IROQUOIS     PUBLISHING     COMPANY,     Inc. 


All  Rights   Reserved. 


^ 


<v 


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H>s3 


INTRODUCTION 

In  preparing  this  work,  the  fruit  ol  many  years' 
study  and  observation  of  public  affairs,  the  author  has 
kept  foremost  in  his  mind  the  practical  objects  of  Civics 
teaching  in  our  schools. 

The  study  of  Civics  is  finding  more  and  more  favor 
with  experienced  educators,  not  alone  because  it  is  a 
source  of  useful  knowledge  to  the  pupil,  but  because 
it  is,  when  wisely  directed,  the  best  kind  of  training  for 
our  future  citizens. 

In  a  work  of  this  character  it  is  not  enough  to  describe 
government  and  its  operations  in  the  national,  State  and 
local  fields.  It  is  even  more  desirable  to  impress  students 
with  the  proper  sense  of  their  coming  responsibilities  as 
citizens ;  to  kindle  in  their  minds  the  right  kind  of  interest 
in  public  affairs;  and  to  point  out  for  them  the  way  to 
helpful  public  service  and  to  an  intelligent  exercise  of 
the  voting  power  when  the  time  comes  for  them  to  use  it. 

In  dealing  with  American  government  in  its  various 
branches,  the  author  of  this  book  has  proceeded  on  the 
theory  that  the  best  way  to  aid  students  of  Civics  and 
to  make  their  memories  retentive,  is  by  explaining  the 
why  and  wherefore  of  the  important  features  of  govern- 
ment and  of  the  changes  it  has  undergone.  If  a  youth 
visiting  a  factory  sees  a  novel  and  ingenious  device 
attached  to  the  machinery,  and  learns  nothing  more  about 
it,  he  may  be  deeply  interested  for  the  moment  in  its 
operation,  but  his  appreciation  is  only  vague  and  fleet- 
ing.    If,  however,  the  machinist  in  charge  takes  pains  to 

iii 


iv  Introduction 

explain  why  the  contrivance  was  devised,  and  how  it  im- 
proves and  quickens  the  productiveness  of  the  whole 
machine,  the  youthful  observer  carries  away  a  lively  and 
enduring  impression  of  the  value  of  the  clever  invention. 
This  suggests  that  the  rule  of  painstaking  explanation 
should  be  applied  by  the  authors  of  works  on  Civics  to 
the  best  of  their  ability. 

Why  has  it  been  deemed  necessary  to  amend  the 
Constitution  of  the  United  States  several  times  since  the 
year  1912?  Why  was  the  Federal  Reserve  system  of 
national  banking  established  in  1913,  to  take  the  place 
of  the  old  system,  introduced  during  the  Civil  War? 
Why  was  the  reform  known  as  direct  primaries  adopted 
by  the  States,  at  a  comparatively  recent  time?  Why 
was  government  by  commissions,  or  administration  by 
City  Managers,  substituted  by  many  American  cities  for 
the  older  municipal  government  by  Mayors  and  Boards 
of  Aldermen?  These  are  but  a  few  of  many  questions 
which  should  be  answered  for  the  benefit  of  Civics 
students.  The  mind  of  the  student  who  learns  the  why 
and  wherefore  of  these  things  receives  a  stamp  that  is 
not  soon  efifaced. 

Some  writers  on  Civics  have  shown  a  strange  dis- 
inclination to  mention  the  word  "politics."  The  present 
author  does  not  share  that  feeling.  In  support  of  his 
'  position  he  can  quote  the  dictionary,  which  defines 
"politics"  as  "that  branch  of  Civics  that  treats  of  the 
principles  of  civil  government  and  the  conduct  of  State 
afifairs." 

Another  fact  worthy  of  note  is  that  ours  is  a  govern- 
ment by  political  parties.  The  school  students  of  today 
will  be  the  citizens  and  voters  of  tomorrow,  and  they 
will  form  political  attachments  after  the  fashion  of  their 
elders.     Perhaps  eighty  per  cent  of  the  American  people 


Introduction  v 

who  have  passed  their  majority  belong  to  one  or  another 
of  the  political  parties.  For  this  reason,  and  because  ours 
is  a  party  government,  the  author  has  not  hesitated  to 
present  in  his  book  such  information  as  may  lead  to  a 
better  understanding  of  party  history  and  party  policies. 

The  interest  and  influence  of  every  good  citizen  in 
politics  and  public  affairs  count  in  many  ways;  but 
nowhere  do  they  count  more  effectively  than  at  the 
ballot  box.  Therefore  one  of  the  legitimate  objects  of 
Civics  study  is  to  awaken  the  interest  of  American  youth 
in  their  future  political  duties.  It  was  never  more  deserv- 
ing of  consideration  than  it  is  at  the  present  time,  when 
the  school  girl  looks  forward  to  the  same  civic  obligations 
as  the  school  boy. 

The  best  place  to  begin  the  study  of  Civics  is  the 
classroom.  The  best  way  to  use  the  knowledge  there 
acquired  is  in  helpful  service  to  the  community  and,  when 
the  voting  age  is  reached,  by  the  exercise  of  good  judg- 
ment in  the  election  booth.  It  is  at  the  ballot  box  that 
the  character  of  government  is  determined.  Hence  the 
course  of  Civics  study  should  be  shaped  so  that  it  will 
provide  the  key  to  useful  community  service  and  to 
wise  participation  in  public  affairs. 

JOHN  B.  HOWE, 
Svracuse,  N.  Y. 


SUGGESTIONS  TO  TEACHERS 

The  separation  of  this  book  into  five  parts  was  inci- 
dentally intended  to  serve  the  convenience  of  teachers 
who  may  prefer  to  change  the  order  adopted  by  the 
author  in  dealing  with  the  several  branches  of  Civics 
study.  The  teacher  who  considers  it  desirable  to  acquaint 
students  first  with  the  features  and  functions  of  local 
government  can  easily  substitute  Part  IV  for  Part  II, 
and  then  conduct  the  student  from  the  city  to  the  State 
and  lastly  to  the  nation,  thus  reversing  the  course  fol- 
lowed by  the  author. 

It  is  further  suggested  to  teachers  that  in  the  study 
of  municipal  methods  and  activities,  covered  in  Part  IV, 
the  organization  of  a  class  senate  for  purposes  of  inves- 
tigation and  discussion  may  be  found  useful.  A  simple 
organization  of  this  kind  can  be  designed  by  any  com- 
petent teacher.  It  would  wisely  include  the  election  of 
class  officers,  at  least  a  chairman  and  recording  secre- 
tary, and  especially  the  appointment  of  class  committees. 
It  would  be  the  duty  of  each  committee  to  pursue  a  line 
of  inquiry  assigned  to  it.  One  committee  could  gather 
information  regarding  the  latest  devices  for  fighting  fire ; 
another  could  look  into  the  question  of  water  supply, 
protection  and  distribution ;  others  could  gain  an  insight 
into  the  operations  of  the  departments  of  public  works 
and  public  health — and  so  on.  Each  committee  would  be 
expected  to  prepare  a  report  on  its  findings,  to  be  pre- 
sented to  the  class  senate  at  one  of  its  sessions.  Among 
the  committees  would  be  one  on  finance,  whose  mission 

vi 


Suggestions  to  Teachers  vii 

it  would  be  to  tell  something'  about  the  annual  cost  of 
running  the  local  government,  the  size  of  the  tax  rate, 
the  increase  of  municipal  expenditures  in  recent  years 
and  the  reasons  for  the  increase,  the  amount  of  the 
bonded  debt  and  other  matters  which  should  be  of 
financial  concern  to  citizens. 

A  valuable  feature  in  such  a  class  organization  would 
be  a  "Question  Box"  for  written  slips  containing  requests 
for  information  from  the  student  members  or  suggesting 
subjects  for  committee  investigation.  These  should  be 
examined  by  the  teacher  and  submitted  to  the  class  for 
discussion  or  turned  over  to  the  appropriate  committees 
for  inquiry  and  report. 

In  recommending  a  plan  of  this  kind,  which  can  be 
varied  within  the  discretion  of  teachers,  the  author  is 
moved  by  the  consideration  that  a  practical  application 
of  the  knowledge  gained  through  the  study  of  Civics  not 
only  stirs  a  personal  interest  in  the  minds  of  pupils,  but 
gives  them  a  better  conception  of  their  future  responsi- 
bilities as  citizens. 


CONTENTS 

CHAPTER  PAGE 

Introduction iii 

Suggestions  to  Teachers vi 


PART  I— CITIZENSHIP 

I.     Citizenship 3 

II.     The  Citizen  and  the  Ballot ii 

PART  II— THE  NATION 

III.  The  United  States   Constitution     ....  21 

Senate  and  House 26 

The  Executive   Branch 30 

The  Judicial  Branch 36 

General  Provisions 3^ 

IV.  The  Presidency 44 

The  Merit  System 53 

V.     The  Congress 63 

The  National  Budget 73 

The  Legislative  Mill 17 

The  Upper  Branch 81 

VI.     The  Federal  Judiciary 9" 

VII.     The  Cabinet  and  the  Departments  ....  lo.i 

Independent  Departments 121 

VIII.     The  Currency 128 

The  New  Currency  Era 138 

IX.     Our  Government  in  War I49 

X.     Recent  Constitutional  Amendments     .      .      .164 


IX 


X  Contents — Continued 

CHAPTER  PAGE 

XL     The  Woman  Suffrage  Amendment    ....    178 
XII.     Our  National  Dependencies 190 

PART  III— THE  STATE 

XIII.  The  Government  of  the  States 207 

State  Justice  and  Public  Welfare     ....   215 

XIV.  State  Reforms  and  Problems 224 

State   Problems 231 

XV.     Voting  Qualifications  and  Methods     .      .      .  239 

PART  IV— THE  LOCAL  COMMUNITY 

XVI.     City,  County,  Town  and  Village     ....  259 

New  Municipal   Methods 268 

A  Popular  Reform 271 

In   Village   and   County 275 

XVII.     The  City — Its  Safety,  Health  and  Charity    .   282 

Defenses  Against  Disease 287 

Other   Sanitary   Safeguards 293 

X\"III.     The  City — Its   Schools,   Service   and  Attrac- 
tions       306 

Transportation   Problems 312 

City    Attractions 315 

PART  V— THE  PARTIES 

XIX.     How  Presidents  Are  Nominated 327 

XX.     How  Presidents  Are  Elected 341 

XXI.     Party  History — I 353 

XXII.     Party  History — II 366 

Appendix 377 


PART   I 

CITIZENSHIP 


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CHAPTER  I 
TRAINING   FOR   CITIZENSHIP 

Each  one  of  us  obtains  in  his  schooling  something  which 
not  he,  but  the  community,  has  paid  for.  He  must  return  it 
to  the  community  in  full,  in  the  shape  of  good  citizenship. — 
Theodore  Roosevelt. 

1.  Looking  Around. — It  is  a  fine  morning  and  the 
Student  decides  to  start  early  on  a  roundabout  route  to 
school.  In  the  course  of  his  walk  he  sees  several  things 
that  remind  him  of  the  government,  or  governments, 
under  which  he  lives. 

A  street  car  passes,  filled  with  people  on  their  way 
to  business.  The  car  is  owned  and  the  men  who  operate 
it  are  paid  by  a  private  company.  But  it  runs  on  tracks 
laid  on  a  public  highway,  and  if  it  is  a  trolley  car  the 
wires  which  supply  it  with  the  electric  current  are  strung 
from  poles  stationed  on  the  same  highway.  The  rail- 
way company  could  not  have  laid  the  tracks  or  erected 
the  poles  without  the  consent  of  the  city  government, 
given  in  the  form  of  an  official  permit,  or,  as  it  is  called, 
a  franchise.  The  people  own  the  streets,  and  they  have, 
therefore,  a  sort  of  partnership  interest  in  the  company. 

The  passing  street  car  is  an  agency  of  the  city  gov- 
ernment. Because  the  operating  company  is  organized 
to  serve  the  public  convenience,  under  a  franchise  which 
allows  it  the  use  of  the  streets,  it  is  known  as  a  public- 
service  corporation. 

3 


New  Era  Civics' 


Brown  Eros. 

One  of  the  Familiar  Figures 

A  reminder  of  a  useful  branch  of  city 


Early  in  his  walk  the  Student  sees  a  street  cleaner  at 

work.    In  the  next  block  he  notices  a  city  garbage  wagon, 

halted  at  the  curb.  These, 
too,  are  agencies  of  the 
.city  government.  Both 
the  sweepers  and  the  gar- 
bage men  are  representa- 
tives of  a  city  department. 
It  is  their  duty  to  aid  in 
keeping  the  city  clean  and 
in  protecting  the  public 
health. 

Presently  the  Student 
has  a  more  startling  re- 
minder of  the  city's  activ- 
ities. The  loud  clang  of  a 
city  ambulance  is  heard, 
and  then  the  vehicle  itself 

speeds    by.       Some    one    has    been    injured    and    must 

be   carried   without   a   moment's   delay   to   the   hospital. 

The  Health  Department  has  been  quick  to  answer  the 

call.      Night   and    day    it   is   on   watch,    to   face   sudden 

emergencies  of  this  kind  or  dangers  to  the  public  health. 
A  policeman  on  patrol 

duty  is  next  met.   He  is  the 

uniformed    representative 

of  another  department  of 

the  city  government,  and 

a  very  important  one.   He 

is  a  guardian  of  the  public 

safety.     So,  too,  is  each  of 

the    firemen   the    Student 

observes    seated    by    the  i;,„,„i  Bros. 

open  door  of  a  fire  engine  A  Soldier  of  the  City 


Training  for  Citizenship 


house.  At  any  minute  the  electric  signal  may  summon 
them  to  instant  action.  They,  like  the  policemen,  are 
soldiers  of  the  city's  peace 
army.  Their  duty  is  to  re- 
sist a  public  eneni\-  in  the 
shape  of  fire,  just  as  it  is 
the  policeman's  to  prevent 
crime  and  arrest  criminals. 

At  the  next  corner  a 
man  is  seen  climbing  an 
electric  light  pole.  He  is 
the  employe  of  another 
public-service  corporation 
which  works  on  the  same 
general  basis  as  the  rail- 
way company  and  under 
a  similar  franchise  agree- 
ment. The  pole  and  the 
wires  attached  to  it  are 
the  property  of  the  light- 
ing company,  but  they  are, 
in  a  very  practical  sense,  a 
part  of  the  machinery  of  the  public  service.  The  company 
is  indebted  to  the  city  for  the  privilege  of  using  them  in 
the  lighting,  not  only  of  the  streets,  but  of  the  homes. 

A  little  further  on  some  men  are  at  work  repairing 
a  gas  main.  This  main  is  simply  an  agency  for  the  dis- 
tribution of  gas  for  lighting  or  heating,  and,  like  the 
trolley  and  the  long  lines  of  wiring  for  electric  light  and 
telegraphic  and  telephone  communication,  it  is  a  part 
of  the  public  service  authorized  by  the  city  and  estab- 
lished only  with  the  city's  consent. 

Drinking  at  a  public  fountain,  the  Student  is  reminded 
of  the  water  supply  which  the  city  brings  from  a  dis- 


I  ...I  .  .     lI  &  UiiUenvood. 

On  Guard  at  the  Crosswalk 

The    automobile    has    made    the    traffic 
policeman  a  big  factor  for  public  safety. 


New  Era  Civics 


tance  and  pipes  through  its  mains  ;  and  he  had  an  earher 
reminder  of  the  same  great  municipal  enterprise  when 
he  made  his  morning  toilet. 

He  next  casts  a  glance  at  the  City  Hall,  where  the 
business  of  his  municipality  is  directed  and  recorded. 
He  passes  a  public  park,  where  city  workers  are  cutting 
the  grass  or  trimming  the  flower  beds  to  make  the 
resort  a  thing  of  beauty  and  delight  for  tired  workers 
in  the  summer  months.  Not  far  away  is  an  orphan 
asylum  where  little  dependents  are  cared  for  by  the 
public  generosity. 

Finally  his  round  of  observation  ends  at  the  school 

door.  Entering  the  build- 
ing he  sees  on  all  sides 
evidences  of  the  interest 
of  government  in  public 
education. 

2.  Other  Signs  and 
Symbols. — In  his  morn- 
ing walk  the  Student  has 
seen  local  government  in 
action.  He  has  also  noted 
evidence  that  other  gov- 
ernments—  the  national 
government,  the  State  gov- 
ernment and  the  county 
government — are  at  work. 
He  met  a  letter  carrier. 
This  man  in  grey  is  an 
agent  of  the  Government 
at    Washington,    and    he 

Underwood  &  Underwood. 

On  Uncle  Sam's  Errand  has    the    honor    of    repre- 

The   postman  is  the  best  known  of  all        sCUtiug    the    claSS    of    Fcd- 

the  hundreds  of  thousands  of  employes  i       rr     •     i  u:^U   ^o  ,-nr^c^- 

of  the   United   States   Government.  Cral  officials  whlch  IS  mOSt 


Training  fcr  Citizenship  7 

familiar  to  the  masses  of  the  American  people.  He  is 
one  of  an  army  of  public  servants  eng^aged  in  performing 
a  useful  and  necessary  national  function — the  collecting 
and  distributing  of  the  mail. 

The  Student  paused  in  his  walk  to  purchase  a  news- 
paper and  handed  out  a  coin  in  payment.  That  coin  was 
made  at  the  United  States  mint.     It  is  a  symbol  of  one 


Vie  Lamudiu. 


The  State  and  the  County 


A  scene  showing  a  jury,  escorted  by  a  Deputy  Sheriff,  approaching  the 
entrance  to  a  Court  House.  The  Court  House  and  the  jury  represent  the 
authority  of  the  State  as  a  source  of  criminal  and  civil  law.  The  build- 
ing itself  was  built  and  is  owned  and  maintained  by  the  county;  the  jurymen 
are  residents  of  the  county,  and  the  Deputy  SherifT,  who  has  charge  of  them, 
„  is  a  county  officer. 


8  New  Era  Civics 

of  the  greatest  powers  exercised  by  the  Washington  gov- 
ernment— the  power  of  issuing  currency — a  power  which 
the  State  and  local  governments  do  not  share. 

Among  the  buildings  passed  by  the  Student  was  the 
Court  House,  a  temple  of  justice  dedicated  to  the  enforce- 
ment of  State  law.  The  laws  to  prevent  and  punish  the 
ordinary  crimes  that  we  read  about  are  State  laws.  In 
the  Court  House  the  offenders  are  tried,  and  if  found 
guilty,  sentenced  to  punishment.  The  building  therefore 
stands  as  an  imposing  memorial  of  the  State  govern- 
ment. 

But  the  structure  has  not  been  built  and  it  is  not 
maintained  by  the  State.  It  is,  in  nearly  all  cases,  the 
property  of  the  county,  because  the  county  has  been 
from  the  beginning  of  the  Republic  the  local  district 
through  which  the  State  administers  its  criminal  law. 
The  Court  House  is  the  seat  of  authority,  not  only  for 
judges  and  juries,  but  for  the  sheriff  and  coroner — both 
county  officials — and  for  the  county's  attorney,  who 
prosecutes  in  cases  of  crime. 

The  strolling  Student  therefore  found  in  the  Court 
House  a  double  reminder  of  the  State  and  the  county 
governments. 

In  the  course  of  perhaps  an  hour's  walk  our  observant 
Student  witnessed  the  action,  or  scene  of  action,  of  four 
different  governments.  Every  watchful  citizen  can  have 
the  same  enlightening  experience.  Now,  each  of  these 
governments  has  its  own  mission  and  its  own  sphere  of 
operation.  It  is  only  by  study  and  observation  that  we 
can  separate  them  in  our  vision  and  thoughts,  and 
familiarize  ourselves  with  the  powers  of  each  govern- 
ment and  the  limits  of  such  powers.  This  should  be  the 
object  of  every  citizen  who  is  ambitious  to  discharge  his 
political  duties  faithfully. 


Training  for  Citizenship  9 

3.  The  Starting  Place. — The  boys  and  girls  who  sit 
in  the  class  room  today  will  before  long  be  voters.  It 
will  be  their  duty  and  their  privilege  to  participate  in  the 
choice  of  Presidents,  Senators,  Representatives  in  Con- 
gress, Governors,  State  legislators,  judges  and  local 
officers.  Some  of  them  may  be  called  to  serve  the  public 
in  official  posts.  In  any  event,  as  members  of  the  great 
army  of  American  voters,  they  will  be  charged  with  a 
solemn  trust,  and  it  is  a  trust  which  they  should  qualify 
themselves  to  fulfill  worthily.  The  class  room  is  the  very 
best  place  to  begin. 

4.  The  Object  of  Civics  Study. — Civics  is  defined  as 
"the  science  that  treats  of  citizenship  and  the  relations 
between  citizens  and  the  government." 

The  two  essentials  of  good  citizenship  are  knoivledge 
and  service.  Service  can  be  most  readily  given  to  the 
local  government — the  government  at  our  doors.  But 
our  knowledge  of  government  should  be  so  extended  as 
to  include,  in  some  degree,  the  State  and  nation  as  well 
as  the  county  and  the  city  or  village.  When  this  knowl- 
edge is  acquired,  the  citizen  is  in  a  position  to  serve  his 
nation  and  his  State  as  well  as  his  local  community. 
Even  intelligent  voting  is  a  real  service  to  the  Republic. 

5.  Some  Necessary  Questions. — At  the  very  begin- 
ning of  this  search  for  knowledge  we  should  ask  ourselves 
these  general  questions: 

What  are  governments  for? 

How  do  governments  serve  us? 

What  can  we  do  to  serve  them? 

What  relation  do  we  bear  to  government  in  our 
capacity  as  citizens  and  voters? 

How  much  need  we  learn  of  the  processes  of  gov- 
ernment to  possess  the  information  necessary 
for  intelligent  voting? 


10  New  Era  Civics 

How  are  the  powers  of  the  nation,  the  State  and 
the    local    government    separated    and    distin- 
guished, one  from  the  others? 
It  is  especially  desirable  to  keep  the  first  of  these 
always  in  mind,  "What  are  governments  for?"     It  is  a 
sufficient  answer  that  our  several  governments  have  been 
established  to  preserve  order,  to  enforce  laws,  to  protect 
the  public   safety  and  the  public  health,  to   spread  the 
benefits  of  education,  to  provide  the  facilities  for  trans- 
portation and  communication  common  to  every  civilized 
country — in  short,  to  promote  the  peace  and  happiness 
of  the  people,  so  far  as  government  agencies  can  do  it. 
Whatever  the  individual  can  do  to  serve  any  of  these 
purposes  is  a  labor  of  good  citizenship. 

Question  Guide  to  Chapter  I 

1.  What  signs  of  your  local  government's  activity  have  you  seen 
-today? 

2.  What  daily  reminders  does  one  see  of  the  operation  and 
authority  of  the  national  government?  What  building  suggests  the 
authority  of  the  State  and  the  county? 

3.  What  important  trust  awaits  the  students  of  today? 

4.  What  is  Civics?  Name  the  two  essentials  of  good  citizenship. 
What  kind  of  government  are  we  in  the  best  position  to  serve?  How 
far  should  our  knowledge  of  government  be  extended?  How  does 
the  knowledge  of  government  help  the  citizen? 

5.  What  are  the  first  questions  we  should  ask  ourselves  in  our 
search  for  knowledge  of  government  and  public  affairs?  Give  an 
answer  to  the  question,  "What  are  governments  for?" 


CHAPTER  II 

THE   CITIZEN   AND   THE   BALLOT 

The  crozvning  fact. 
The  kingliest  act 
Of  freedom  is  the  freeman's  vote. 

— John  Greenleaf  Whittier. 

1.  The  New  Era  of  Woman  Suffrage. — There  is  now 
a  compelling  reason  why  a  better  knowledge  of  civics 
should  be  cultivated.  Up  to  a  comparatively  recent  time 
the  right  to  vote  was  confined  to  one  sex,  except  in  a 
few  States  west  of  the  Rockies.  In  nearly  the  whole  of 
the  country  women  were  disfranchised.  Intelligent 
women  took  an  interest,  of  course,  in  political  affairs,. 
but  it  was  the  interest  of  on-lookers.  Though  their  in- 
fluence counted  in  the  decision  of  political  contests  and 
in  the  adoption  of  government  policies,  it  was  largely 
sentimental  because  it  lacked  the  driving  power  of  the 
ballot.  Fear  of  adverse  votes  is  a  strong  restraint  upon 
politicians,  but  the  womanhood  of  the  country  could  not 
apply  this  restraint  without  the  voting  power. 

2.  Effect  of  the  New  Conditions. — Women  can  now 
vote  in  every  State  in  the  Union.  The  country  has  thus 
entered  upon  a  new  political  era,  with  the  advent  of  a 
mighty  force  hitherto  helpless.  Hereafter  the  leaders  of 
politics  must  keep  in  mind  the  votes  of  women  in  all 
elections.  The  male  head  of  a  household  which  has  no 
grown  sons,  or  from  which  the  grown  sons  have  departed 
for  homes  of  their  own,  will  no  longer  cast  a  ballot  for 

11 


12  New  Era  Civics 

the  entire  family.  One  result,  it  may  be  assumed,  will 
be  the  kindling  of  a  new  family  interest  in  public  affairs, 
broader  than  the  former  individual  male  interest ;  and 
if  this  reasonable  expectation  is  realized  there  will  be  a 
widespread  demand  for  more  general  education  in  civic 
duties. 

3.  Citizens  and  Parties. — It  is  evident  that  the  suc- 
cess of  government  in  accomplishing  its  various  pur- 
poses depends  to  a  large  extent  upon  the  character  of 
the  men  selected  to  direct  and  manage  it,  in  nation.  State 
and  local  community.  That  is  why  the  casting  of  the 
ballot  is  a  serious  part  of  the  citizen's  duty,  and  why  he 
should  cultivate  an  interest  in  all  civic  affairs. 

Ours  has  been,  from  the  very  first,  a  government  by 
political  parties.  In  its  development,  political  organiza- 
tions have  played  a  great  part.  Even  independent  voters, 
who  do  not  join  any  political  party,  admit  the  need  of 
party  rivalry  and  party  contests  in  a  democracy.  A  party 
in  power  has  a  special  incentive  to  do  its  best  as  a  govern- 
ing force  when  it  is  watched  and  criticized  by  one  or 
more   other   parties  which   are   eager   to   take   its   place. 

In  studying  government  and  public  affairs,  it  is  well 
for  us  to  learn  something  about  the  conflicts  of  parties 
in  the  past,  for  the  study  of  political  history  gives  an 
enlightening  background  for  present-day  problems. 

4.  The  Voter  and  His  Responsibility. — Through  the 
possession  of  the  ballot,  every  voter  is  a  unit,  and  equal 
to  every  other  unit,  in  the  popular  force  that  controls 
the  greatest  country  in  the  world,  the  United  States. 
The  nature  of  the  ballot  has  long  been  a  subject  of  con- 
troversy. Some  call  it  a  right  that  belongs  to  every 
native  or  naturalized  American  over  twenty-one ;  others 
call  it  only  a  privilege  which  may  be  given  or  withheld 
by  the  State.     Perhaps  the  safest  theory,  which  some 


The  Citizen  and  the  Ballot 


13 


courts  have  proclaimed,  is  that  it  is  simply  a  convenient 
instrument  of  government  by  the  people. 

But  no  matter  how  we  may  differ  in  describing  it, 
all  good  citizens  must  agree  that  the  exercise  of  the 
power  to  vote  is  a  patriotic  duty.  Our  government, 
national.  State  and  local,  is  shaped  by  the  will  of  the 
people  as  expressed  through  the  ballot  box.  Therefore 
the  casting  of  a  vote  should  be  performed  as  carefully 
in  each  case  as  if  the  voter  knew  that  his  or  her  single 
ballot  would  decide  the  election. 

5.  The  Voting  Process. — The  act  of  voting  is  itself 
a  very  simple  one.  At  stated  times  the  voter  goes  to  the 
polls  and  casts  his  ballot  for  certain  candidates  for  public 
offices.  In  addition,  the  great  majority  of  voters  also 
take  part  in  primary  elections  at  which  candidates  are 


iJiuuu  iirus. 

Practical  Crvics 

An    advanced    High    School    student    teaching   pupils    how   to   vote    with   the 

ballot   machine. 


14  New  Era  Civics 

selected  to  run  for  office.  The  very  word  "primary" 
indicates  that  this  operation  is  only  a  preliminary  to  the 
regular  election-day  function. 

But  it  is  one  thing  to  vote  and  another  to  vote 
wisely — that  is  to  say,  with  a  correct  understanding  of 
what  the  process  means.  Hence  the  need  of  a  fair  knowl- 
edge not  only  of  each  candidate's  qualifications  but  of 
the  principles  and  purposes  of  the  party  which  he  repre- 
sents and  also  of  the  details  of  the  government  which  he 
is  to  be  chosen  to  serve.  It  takes  only  a  few  minutes  to 
perform  the  physical  act  of  voting,  but  it  takes  study  and 
careful  observation  to  qualify  each  citizen  to  perform 
that  act  well. 

6.  How  Voters  are  Grouped. — Every  voter  casts  a 
ballot  in  three  different  capacities — as  a  citizen  of  the 
United  States,  as  a  citizen  of  his  State,  and  as  a  citizen 
of  the  home  community.  The  various  elections,  barring 
a  number  of  exceptions  in  the  local  field,  are  contests 
between  parties,  with  the  two  historic  parties.  Republican 
and  Democratic,  in  the  forefront. 

A  very  large  majority  of  the  voters  of  the  country 
are  partisans  in  the  sense  that  they  are  attached  to 
some  particular  party  by  the  ties  of  heredity,  sentiment, 
preference  or  self-interest.  The  small  remainder  is  best 
known  as  "the  independent  vote."  The  independents 
themselves  may  be  divided  into  two  classes.  One  class 
we  may  call  neutral,  or  indifferent.  The  neutral  voter 
is  one  who  takes  the  feeblest  possible  interest  in  the 
conflict  of  parties  and  candidates,  and  either  postpones 
until  the  last  moment  the  choice  he  will  make  in  the 
polling  booth  or  abstains  from  voting  entirely.  The  real 
independent  voter,  however,  takes  a  keen  interest  in 
political  developments,  and,  while  he  has  no  preference 
as  between  the  contending  parties  as  parties,  gives  his 


The  Citizen  and  the  Ballot  15 

personal  support  to  the  one  which  appeals  most  .strongly 
to  his  reason.  Such  a  voter  rarely  casts  a  straight  ballot. 
The  so-called  "split"  ticket  is  a  favorite  with  him,  though 
most  of  his  selections  are  of  the  party  which  for  the  time 
being  enjoys  his  good  will. 

7.  The  Shifting  of  Party  Control. — When  we  come 
to  the  grand  army  of  partisans,  we  find  marked  differences 
in  the  fervor  of  their  attachments  to  their  respective 
organizations.  There  are  some  partisans  who  consider 
it  a  binding  obligation  to  accept  the  party  platform  with- 
out a  murmur  and  to  vote  the  party  ticket  without  excep- 
tion from  top  to  bottom.  On  the  other  hand,  there  are 
partisans  who,  though  generally  loyal,  sometimes  vigor- 
ously object  to  features  of  the  party  platform  and  vote 
against  one  or  more  of  the  party  candidates  for  personal 
reasons  or  from  a  conviction  that  the  opposing  candidates 
are  better  fitted  for  the  political  trusts  to  which  they 
aspire. 

As  changes  often  occur  in  the  control  of  the  govern- 
ment, it  is  certain,  first,  that  partisans  often  waver  in 
their  allegiance,  and,  second,  that  the  independent  vote 
is  a  powerful  factor  in  determining  results.  Party 
ascendancy  and  the  destinies  of  government  in  this 
country  are  chiefly  determined  by  the  votes  of  citizens 
who  are  willing  to  change  their  minds.  If  it  were  other- 
wise, one  party  would  perpetually  remain  in  power  in 
Washington.  As  it  is,  in  some  of  the  States  party  con- 
trol never  changes.  There  are  States  that  have  uni- 
formly gone  Democratic  and  other  States  that  have 
uniformly  gone  Republican  during  the  past  half  century, 
though,  of  course,  there  have  been  fluctuations  in  the 
size  of  the  winning  majorities. 

8.  Party  Allegiance. — The  average  young  voter  needs 
no  urging  to  cast  his  or  her  lot  with  a  political  party. 


16 


New  Era  Civics 


Many  of  us  inherit  our  political  principles  as  we  do  our 
religion.  Political  independence  is  often  an  admirable 
quality  in  itself.  The  good  will  and  support  of  inde- 
pendents are  eagerly  sought  by  partisan  leaders  and 
managers.  Nevertheless,  American  custom  and  Amer- 
ican experience  generally  influence  the  young  man  or 
woman  who  is  assuming  the  voting  obligation  for  the 
first  time  to  join  one  of  the  organized  groups  of  citizens 
whose  struggle  for  mastery  imparts  to  politics  its  greatest 
excitement  and  attraction. 


Brown  Kros. 


Training  Adopted  Citizens 


A  night   school  lesson   for   foreign-born   students   in   Registering   and  Voting. 


But  it  is  well  for  every  young  partisan  to  resolve 
firmly  at  the  beginning  to  be  a  thinking  voter.  As  a  rule, 
he  or  she  can  safely  rely  upon  the  judgment  of  the  great 
Presidential  nominating  conventions,  or  upon  the  decision 
of  the  masses  of  the  chosen  party  at  the  primaries ;  but 
there  are  times  when  rebellion  becomes  a  duty  to  con- 
scientious minds,  and  it  is  the  inclination  on  the  part 
of    individual    partisans    to    rebel    which    exercises    the 


The  Citizen  and  the  Ballot  17 

strongest    restraint    upon    party     counsels     and     party 
policies. 

The  new  voters  who  join  a  political  party  do  not  by 
any  means  surrender  their  right  of  private  judgment. 
The  polling  booth  is  safe  from  invasion,  and  their  ballots 
are  their  own.  The  vast  majority  of  the  people  have 
been  and  will  continue  to  be  partisans,  but  the  balance 
of  power  will  remain  with  those  who  are  independents 
by  preference,  and  to  even  a  greater  extent  with  those 
who,  while  devoted  to  a  favorite  organization,  hold  still 
dearer  than  this  allegiance  their  freedom  of  will  and 
conscience. 


Question  Guide  to  Chapter  II 

1.  How  was  the  voting  privilege  limited  until  a  comparatively 
recent  period?  What  was  the  effect  upon  women's  interest  and 
influence  in  politics? 

2.  What  new  force  must  political  leaders  reckon  with  here- 
after? What  educational  demand  is  the  enfranchisement  of  women 
likely  to  create? 

3.  Upon  what  does  the  success  of  government  largely  depend? 
Why  should  the  citizen  cultivate  an  interest  in  political  affairs  ?  Why 
does  the  rivalry  of  parties  serve  a  good  purpose  in  government? 
Why  is  the  study  of   party  history  useful? 

4.  What  does  the  ballot  mean  to  the  citizen?  How  is  the  nature 
of  the  ballot  described?  What  have  some  courts  called  it?  Suggest, 
in  your  own  words,  the  spirit  in  which  the  right  to  vote  should  be 
exercised. 

5.  What  voting  operation  precedes  the  regular  elections?  Why 
is  the  "primary"  so  called?  What  preparation  is  desirable  for 
intelligent  voting? 

6.  In  what  three  different  capacities  does  a  citizen  vote?  What 
may  each  voter  consider  himself  or  herself  in  the  various  political 
contests?  What  two  parties  are  generally  at  the  forefront  in  party 
warfare?  What  are  the  several  influences  that  determine  member- 
ship in  a  political  party?   Who  are  the  independent  voters?   Into  what 


18  New  Era  Civics 

two  classes  may  they  be  divided?  How  does  the  neutral  differ  from 
the  real  independent  voter?  How  is  the  real  independent  voter 
influenced?     Does  he  generally  vote  a  "straight  ticket"? 

7.  Do  partisans  invariably  support  their  party  candidates  or 
policies?  What  reasons  sometimes  induce  partisans  to  desert  their 
party?  What  two  factors  usually  decide  changes  in  the  national 
administration?  If  party  voters  never  changed  their  minds,  what 
result  would  follow?     Do  some  States  cling  uniformly  to  one  party? 

8.  Are  new  voters  generally  inclined  to  attach  themselves  to 
some  political  party?  What  kind  of  voter  should  the  young  citizen 
aim  to  be?  How  are  thinking  voters  sometimes  influenced?  What 
good  effect  does  this  tendency  have  on  party  leaders?  State  your 
idea  of  the  secret  ballot  as  an  advantage  to  independent  voters. 
What  two  classes  of  voters  often  wield  the  "balance  of  power"  in 
national  elections? 


PART  II 

THE  NATION 


Underwoud  &  Uuderwuud, 

The  Dome  of  the  Capitcl 
An  impressive  symbol  cf  the  majesty  and  strength  of  the  Republic. 


CHAPTER  III 

THE    UNITED    STATES    CONSTITUTION 

The  preservation  of  liberty  and  the  destiny  of  the  repub- 
lican form  of  government  are  justly  considered  as  deeply, 
perhaps  as  vitally,  staked  on  the  experiment  intrusted  to  the 
American  people. — Washington's  Farewell  Address. 

1.  The  Mission  of  the  Fathers. — The  Constitution  of 
the  United  States  is  the  original  charter  of  our  national, 
or  central  government,  to  which  certain  amendments  have 
been  added  from  time  to  time  to  meet  special  needs  or 
demands. 

The  wise  men  who  framed  it,  with  George  Wash- 
ington at  their  head,  assembled  for  the  purpose  in  the 
City  of  Philadelphia  in  the  year  1787.  At  that  time,  and 
for  the  six  preceding  years,  the  scheme  of  government 
for  the  little  nation,  or  rather  group  of  thirteen  new 
States,  was  embodied  in  what  was  known  as  the  Articles 
of  Confederation.  The  Confederation,  or  league,  had  not 
worked  well.  It  was  established  in  1781,  a  few  months 
before  the  surrender  of  Cornwallis  and  the  end  of  our 
Revolutionary  struggle ;  and  as  time  went  on  the  defects 
of  the  new  system  became  apparent. 

The  thirteen  infant  States  were  bound  together  by 
very  loose  political  ties.  They  had  little  in  common 
except  their  location,  the  Articles  which  they  had  adopted 
for  convenience  sake,  and  the  memory  of  common  suffer- 
ings and  sacrifices  in  the  War  of  the  Revolution.    They 

21 


22 


New  Era  Civics 


were  often  vexed  by  discord  arising  from  their  trade 
rivalries  and  other  opposing  interests.  Their  far-sighted 
leaders  were  not  long  in  deciding  that  the  Articles  of 
Confederation  must  be  strengthened  for  a  better  under- 
standing and  a  closer  union.  Such  was  the  mission 
confided  to  the  sixty-two  delegates  sent  to  Philadelphia 
in   1787  by  twelve  of  the  thirteen   States    (only  Rhode 


JJiovvu  llrus. 

Independence  Hall 

Where   the    Federal    Constitution   was    drafted    and    signed   by   the    framers    on 
September     17,     1787.       Here,    too,    more    than    twelve    years    before,    the    first 

Continental   Congress   met. 


The  United  States  Constitution  23 

Island  being  unrepresented).  They  were  expected  to 
amend  and  improve  the  Articles  of  Confederation.  But 
they  far  exceeded  their  instructions.  They  were  satisfied 
with  nothing  less  than  the  drafting  of  a  real  Constitution. 
Charged  with  a  modest  task  of  repair  work,  they  became 
the  architects  of  an  entirely  new  political  edifice,  the  best 
of  its  kind  the  world  has  ever  seen. 

The  student  should  approach  the  subject  of  the 
Federal  Constitution  by  ridding  his  or  her  mind  of  any 
notion  that  it  is  a  literary  mass  of  subtleties.  A  careful 
reading  of  its  text  shows  it  to  be  phrased  in  familiar 
English  words.  In  practical  application  some  of  its  pas- 
sages have  been  a  cause  of  dispute  at  various  times  since 
the  beginning  of  the  government.  But  that  was  because 
its  framers  had  to  confine  themselves  to  a  foundation 
code  or  general  outline  of  principles.  They  had  to 
"boil  everything  down."  Their  language  was  simple 
and  direct.  A  prominent  Senator  of  the  last  generation 
described  it  well  when  he  called  it  "a  model  of  compre- 
hensive brevity." 

2.  The  Object  in  View. — Before  examining  the  main 
provisions  of  this  famous  instrument,  it  is  well  to  glance 
at  the  difficulties  of  the  problem  "the  Fathers  of  the 
Constitution"  had  to  solve.  Their  duty  was  to  draft  a 
national  charter  which  thirteen  new-born  States,  jealous 
of  their  independent  rights,  could  accept  as  a  permanent 
and  binding  compact.  That  is  to  say,  their  mission  was 
to  unite,  in  one  nationality,  States  that  varied  greatly 
in  area,  population,  social  characteristics  and  material 
interests. 

When  it  came  to  the  question  of  a  stronger  political 
union,  little  States,  like  Delaware  and  New  Hampshire, 
were  naturally  distrustful  of  the  power  of  the  larger  ones 
like  Virginia  and  New  York.    To  reconcile  all  differences 

3— Feb.  22. 


24  New  Era  Civics 

and  to  frame  a  Constitution  which,  on  the  one  hand, 
would  recognize  the  importance  of  the  leading  States 
and,  on  the  other,  would  guarantee  protection  to  the 
smaller  ones,  was  the  problem  that  faced  the  men  who 
sat  in  the  Philadelphia  convention. 

They  disposed  of  it  with  wonderful  wisdom.  Nowhere 
have  the  purpose  and  spirit  of  the  Constitution  been 
better  revealed  than  in  the  language  of  the  Preamble. 
Every  citizen  should  know  the  words  by  heart.  "We, 
the  people  of  the  United  States" — so  runs  the  solemn 
declaration — "in  order  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide 
for  the  common  defense,  promote  the  general  welfare, 
and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  Constitution  for 
the  United  States  of  America."  Such  were  the  objects 
Washington  and  his  associates  had  in  mind  in  drafting 
the  Constitution.  They  are  the  objects  we  of  today  have 
in  mind  in  maintaining  it. 

3.  Planning  the  Congress. — Under  the  old 'Confedera- 
tion there  had  been  no  personal  executive,  or  chief  magis- 
trate, corresponding  to  our  President.  The  national 
affairs  of  the  thirteen  States  after  the  Revolution  were 
under  the  direction  and  control  of  a  Congress,  a  single 
legislative  body,  in  which  each  State  had  from  two  to 
seven  representatives,  but  only  one  vote.  As  the  Con- 
gress was  all  powerful  in  this  former  league,  it  was 
natural  that  the  Philadelphia  convention  should  first  deal 
with  the  problem  of  a  Congress  for  the  permanent  union — 
the  basic  foundation  of  the  whole  system.  Right  here 
was  a  serious  difficulty. 

It  was  evident  at  the  very  start  that  a  Congress  with 
a  single  chamber,  patterned  after  the  one  in  existence, 
would  not  do.    Why  ?    For  one  reason  it  would  have  been 


The  United  States  Constitution  25 

impossible  with  a  single  chamber  to  satisfy  all  the  States 
in  the  matter  of  representation.  If  every  State  were 
allowed  equal  representation,  or,  what  amounted  to  the 
same  thing,  an  equal  vote,  as  was  the  case  under  the 
Confederation,  the  larger  States  would  have  refused  to 
enter  a  permanent  union  on  that  condition.  They  would 
have  been  justified,  moreover,  as  it  would  have  been 
easily  within  the  power  of  the  minor  States  to  outvote 
such  major  States  as  Virginia,  New  York  and  Massa- 
chusetts. In  a  legislature  so  organized  Delaware  would 
have  had  an  equal  voice  with  her  big  sister,  Pennsylvania, 
and  to  such  a  leveling  of  influence  Pennsylvania  would 
never  have  agreed.  On  the  other  hand,  the  plan  of  a 
single  chamber,  with  each  State  represented  therein  by 
votes  proportioned  to  its  population,  would  have  been 
just  as  earnestly  opposed  by  the  little  States.  So  the 
idea  of  a  one-chamber  Congress  was  early  abandoned  in 
favor  of  a  Congress  with  two  chambers. 

In  reaching  this  decision,  the  convention  had  before 
it  the  example  of  the  various  State  Legislatures  organized 
after  the  Declaration  of  Independence.  These  were  com- 
posed of  two  chambers,  with  the  upper  chamber  con- 
stituting a  smaller  and  more  select  branch  than  the  lower. 
In  accepting  this  idea  from  the  States,  the  convention 
took  the  right  road.  But  there  was  still  an  ugly  obstacle 
in  the  way. 

In  the  States  the  members  of  the  upper  chamber  of 
the  Legislature  were,  as  a  rule,  selected  from  districts 
with  large  populations,  while  the  members  of  the  lower 
chamber  were  more  numerous  and  were  chosen  for 
smaller  districts,  and  usually  for  shorter  terms.  In  each 
State  there  was  little  difference  in  the  representative 
character  of  the  two  chambers,  except  that  one  was  more 
dignified   than  the   other.     The   States   found   this   plan 


26  New  Era  Civics 

.satisfactory.  But  it  was  a  plan  that  could  not  be  adopted 
bodily  by  the  Philadelphia  convention,  because  it  would 
not  satisfy  the  smaller  States.  In  a  Congress  organized 
like  the  two-chamber  State  Legislatures,  the  small  States 
would  still  be  at  the  mercy  of  the  large  ones  in  the  matter 
of  representation.  It  was  therefore  clear  that  if  a  two- 
chamber  Congress  was  to  be  established,  some  way  must 
be  found  to  protect  the  rights  and  interests  of  the  small 
States  in  one  of  the  chambers. 

SENATE  AND  HOUSE 

4.  Birth  of  the  Federal  Senate. — Finally  the  conven- 
tion agreed  upon  the  happy  expedient  of  creating  an 
upper  branch  of  Congress  in  which  the  representation 
of  the  States,  as  States,  would  be  exactly  equal.  This 
decision  is  known  in  history  as  one  of  the  three  great 
Compromises  of  the  Constitution.  The  other  two  related 
to  the  now  extinct  question  of  American  slavery.  This 
ingenious  design  of  a  Senate  organized  on  a  basis  of 
equal  State  representation,  as  distinguished  from  pro- 
portional popular  representation,  was  perhaps  more  effec- 
tive than  any  other  of  the  convention's  masterstrokes  in 
paving  the  way  for  the  final  adoption  of  the  Constitution. 
It  was  a  practical  and  lasting  concession  to  the  smaller 
States. 

With  one  brief  clause  the  convention  performed  the 
miracle  of  conciliation.  "The  Senate  of  the  United 
•States,"  it  ordained,  "shall  be  composed  of  two  Senators 
from  each  State,  chosen  by  the  Legislature  thereof,  for 
six  years."  By  this  mandate  the  smallest  State  in  the 
Union  was  accorded  equal  representation  with  the  largest 
in  the  upper  branch  of  Congress. 

On  the  other  hand,  the  convention  decreed  that  in 
the  lower  branch,  the  House  of  Representatives,  the  mem- 


The  United  States  Constitution  27 

bers    "shall    be    apportioned    among   the    several    States- 
according  to  their  numbers" — that  is,  their  populations. 

5.  General  Functions  of  the  Two  Houses. — Here,, 
then,  we  have  in  the  American  Congress  an  exquisite 
balancing  of  two  distinct  systems  of  representation.  The 
House,  or  popular  branch,  was  intended  to  represent  the 
people  and  the  Senate  to  represent  the  States.  As  a 
result,  while  the  larger  States  enjoyed  a  representation 
in  the  House  proportioned  to  their  population,  every 
small  State  was  on  exactly  the  same  footing  as  the 
most  populous  State,  by  its  command  of  two  votes- 
in  the  Senate.  Thus,  while  the  interests  of  the  larger 
States  were  fully  safeguarded  in  the  House,  the  smaller 
States  were  amply  protected  in  the  Senate.  To  clinch 
this  guaranty  for  the  smaller  States,  the  makers  of  the 
Constitution  inserted  in  Article  V  a  proviso  that  "no 
State,  without  its  consent,  shall  be  deprived  of  its  equal 
suffrage  in  the  Senate." 

In  creating  the  Senate  the  Fathers  had  another  pur- 
pose in  view  than  the  settling  of  the  rival  claims  of  the 
lar^e  and  small  States.  It  was  their  intention  to  con- 
stitute  the  Senate  in  such  a  manner  that  it  would  act  as  a 
check  upon  the  popular  branch,  or  chamber.  In  organiz- 
ing the  House  of  Representatives  it  was  provided  that 
its  members  should  be  elected  for  two  years.  As  short- 
term  Representatives,  chosen  directly  by  the  people,  it 
was  expected  that  they  would  reflect  quickly  the  public 
will.  But  it  was  considered  desirable  to  make  of  the 
Senate  a  legislative  force  that  would  insure  greater  care 
and  deliberation  and  prevent  hasty  and  impulsive  action 
by  the  lower  branch.  Accordingly  it  was  ordained  that 
the  Senatorial  term  should  be  six  years.  The  theory 
back  of  this  provision  was  that  legislators  who  were 
required    to   render   to   the    people   an    account   of   their 


28  New  Era  Civics 

stewardship  only  after  a  long  period  of  time  would  be 
more  independent  and  self-reliant  than  legislators  with 
two-year  terms. 

But  this  variance  in  the  terms  of  service  was  not  the 
only  difference  between  the  two  bodies.  The  age  limit 
under  which  no  man  would  be  eligible  to  serve  as  Repre- 
sentative was  fixed  at  twenty-five  years.  In  the  case  of 
Senators  the  limit  was  raised  to  thirty  years.  Again,  it 
will  be  noted  that,  whereas  the  Constitution  originally 
decreed  that  the  Representatives  should  be  chosen  by  the 
peopile,  the  election  of  Senators  was  entrusted  to  the 
State  Legislatures.  At  that  time  it  was  considered  best 
to  erect  this  barrier  between  the  Senators  and  the 
people. 

6.  The  Cooling  Process. — In  an  anecdote  long  cur- 
rent it  is  related  that  Washington  and  Jefferson  were 
once  dining  together  when  their  conversation  turned  to 
the  two  branches  of  Congress.  Jefferson  argued  against 
the  two-chamber  system,  and  he  was  warmly  discoursing 
on  the  merits  of  a  single  legislative  body  when  Wash- 
ington Cjuietly  remarked  :  "You  yourself  have  proved  the 
excellence  of  two  houses  at  this  very  moment."  "How 
is  that.  General?"  inquired  the  surprised  Jefferson;  and 
Washington  answered :  "You  have  turned  your  hot  tea 
into  the  saucer  to  get  cool.  It  is  the  same  thing  we  desire 
of  the  two  houses."  Whether  the  story  is  authentic  or 
not,  the  illustration  is  apt.  A  measure  that  comes  hot 
from  the  House  of  Representatives  is  generally  sure  to 
undergo  the  cooling  process  in  the  Senate. 

One  constitutional  provision  for  making  the  Senate 
more  independent  of  popular  influence  than  the  House 
is  now  a  thing  of  the  past.  The  Senators  are  no  longer 
chosen  by  the  State  Legislatures,  but  by  the  direct  vote 
of  the  people  of  the  several  States.     The  Seventeenth 


The  United  States  Constitution  29 

amendment  to  the  Constitution,  by  which  this  change 
was  made,  was  adopted  and  proclaimed  in  1913.  Conse- 
quently the  Senators  are  now  elected  like  Governors,  but 
this  departure  does  not  affect  the  equality  of  State  repre- 
sentation in  the  Senate. 

7.  Where  the  Two  Branches  Differ. — The  Senate  and 
the  House,  acting  in  conjunction,  are  the  legislative,  or 
law-making  branch  of  the  Federal  government.  Their 
joint  consent  is  necessary  to  the  adoption  of  every  legis- 
lative measure.  But  in  some  respects  their  functions 
differ.  It  is  required,  for  example,  in  Section  7,  Article  I, 
that  "all  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose, 
or  concur  with,  amendments,  as  on  other  bills."  By  this 
proviso  the  House  of  Representatives,  or  lower  branch, 
is  vested  with  prime  responsibility  as  regards  money  bills. 
It  was  England's  abuse  of  the  right  of  taxation  that  led 
to  the  revolt  of  the  colonies.  It  was  therefore  perfectly 
natural  that  the  framers  of  the  Constitution,  in  working 
out  their  new  scheme  of  government,  should  make  the 
lower  branch  of  Congress,  the  branch  nearest  to  the 
people  and  most  responsive  to  their  will,  the  custodian 
in  a  special  sense  of  what  is  called  "the  power  of  the 
purse" — the  power  to  raise  revenue  by  taxation.  In  tariff 
and  other  revenue  legislation  the  Senate  sometimes 
changes  a  House  bill  so  that  its  framers  can  scarcely 
recognize  it,  and  then  the  differences  have  to  be  adjusted 
by  conference  committees.  But  the  House,  as  a  rule, 
has  jealously  guarded  its  right  to  take  the  initiative  in 
preparing  and  passing  such  measures. 

The  Senate,  too,  is  clothed  by  the  Constitution  with 
special  privileges.  In  the  making  of  treaties  and  in  the 
case  of  Presidential  appointments  to  office,  its  "advice  and 
consent"  are  necessary.     Here  the  House  has  no  voice. 


30  New  Era  Civics 

A  two-thirds  vote  of  the  Senate  is  necessary  to  ratify  any 
treaty  submitted  by  the  President,  and  a  majority  vote 
to  confirm  his  nominations  for  office. 

In  another  respect,  which  is  only  conditional,  the 
House  and  the  Senate  have  differing  functions.  The 
House  is  empowered  to  elect  a  President  when  the  Elec- 
toral College  fails  to  perform  this  duty  owing  to  the 
absence  of  a  clear  majority  for  any  candidate.  As  will 
be  seen  later,  this  has  occurred  twice  in  our  history — 
in  1801  and  in  1825 — and  the  choice  of  President  was 
transferred  to  the  House.  On  the  other  hand,  when  the 
Electoral  College  does  not  choose  a  Vice  President, 
the  power  of  selection  goes  to  the  Senate,  and  it  was 
once  exercised  by  that  body — in  1837. 

THE  EXECUTIVE  BRANCH 

8.  The  President. — In  the  opening  sentence  of  its 
second  article,  the  Constitution  provides  that  "the  execu- 
tive power  shall  be  vested  in  a  President  of  the  United 
States  of  America."  These  simple  but  expressive  words 
are  the  warrant  for  a  public  trust  which  good  Americans 
like  to  consider  the  greatest  on  earth. 

In  the  Philadelphia  convention  there  was  a  general 
agreement  as  to  the  need  of  a  single  executive  who  should 
head  the  new  government.  The  differences  of  opinion 
that  arose  among  the  delegates  over  this  important 
feature  of  their  work  chiefly  related  to  his  term  of  office, 
his  qualifications  and  the  measure  of  his  authority.  The 
decision  finally  reached,  and  embodied  in  Article  II,  may 
be  summarized  in  a  sentence.  The  President's  term  of 
service  shall  be  four  years ;  and  he  must  be  a  "natural 
born  citizen,"  at  least  thirty-five  years  of  age  and  for 
fourteen  years  a  resident  of  the  country.  The  last  pro- 
vision can  be  better  understood  when  it  is  stated  that 


The  United  States  Constitution  31 

a  person  born  of  American  parents  living  abroad  is 
"a  natural  born  citizen,"  but  under  the  constitutional 
mandate  such  person,  to  be  eligible  to  the  Presidency,, 
must  have  resided  within  the  States  for  the  prescribed 
period. 

These  are  the  only  qualifications  for  the  high  office 
of  President  set  down  in  the  Constitution.  The  framers 
emphasized  their  devotion  to  democracy,  to  self-govern- 
ment by  the  people  and  to  the  principle  of  equal  oppor- 
tunity by  omitting  any  test  for  Presidential  service 
relating  to  religion,  race  extraction,  social  caste  or  the 
ownership  of  property. 

In  spite  of  the  liberal  spirit  here  displayed,  the  con- 
vention deemed  it  wise  to  provide  for  the  election  of 
President  by  an  indirect  method,  wdiich  is  still  in  opera- 
tion and  which  is  as  curious  as  it  is  ingenious.  So  it 
was  decided  that  the  President  should  be  chosen,  not 
directly  by  the  voters  like  Representatives  in  Congress, 
but  by  a  body  of  Presidential  Electors  selected  for  the 
purpose  in  the  various  States.  The  political  institution 
which  has  long  been  known  as  the  Electoral  College 
was  thus  brought  into  existence. 

9.  The  Powers  of  the  Executive. — The  outline  of  the 
President's  power  in  the  Constitution  gives  us  but  a 
feeble  idea  of  its  tremendous  range  at  the  present  time. 
For  it  must  be  remembered  that  in  1787  the  framers  of 
the  Constitution  shaped  the  authority  of  the  executive 
of  an  infant  nation  of  less  than  four  million  inhabitants, 
or  not  much  more  than  one-third  of  the  population  of  the 
single  State  of  New  York  in  1920.  With  the  rapid  growth 
of  the  country  the  power  and  influence  of  the  President 
have  steadily  broadened.  But  this  simply  means  that  his 
responsibility  has  increased  with  the  passage  of  new  laws 
and  the  marvelous  expansion  of  our  whole  political  sys- 


32  New  Era  Civics 

tern,  and  not  that  his  power  has  become  more  autocratic 
in  times  of  peace.  It  is  one  of  the  supreme  merits  of 
the  Constitution  that  the  barriers  it  originally  raised 
against  any  encroachment  or  wrongful  exercise  of  Presi- 
dential power  are  as  staunch  and  firm  now  as  they 
were  in  Washington's  day.  Within  its  proper  limits  the 
President's  authority  has  been  magnified  as  well  as 
varied ;  but  the  constitutional  limits  themselves  remain 
unchanged. 

First  in  order  of  the  powers  conferred  upon  the 
President  is  that  of  commander-in-chief  of  the  army 
and  the  navy.  During  the  European  war  we  had  a  won- 
derful demonstration  of  the  meaning  and  effect  of  this 
grant  of  authority.  It  is  believed  that  the  mere  presence 
in  the  convention  of  George  Washington,  who  had  led 
our  armies  in  the  Revolution  and  who  was  admirably 
fitted  to  be  the  first  head  of  the  new  government,  had 
much  to  do  with  convincing  the  delegates  that  the  Presi- 
dent should  direct  and  control  the  nation's  military  force. 
It  was  this  clause  of  the  Constitution  which,  in  1917, 
enabled  Congress  to  concentrate  the  national  strength 
and  resources  by  delegating  enormous  war  powers  to  the 
President. 

The  Constitution  provides  that  the  President  "may 
require  the  opinion,  in  writing,  of  the  principal  officer  in 
each  of  the  executive  departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices."  The 
phrase  "executive  departments"  as  here  used  is  the  only 
reference  to  the  great  branches  of  the  Federal  govern- 
ment which  have  since  been  developed  by  enactments  of 
Congress  and  placed  in  charge  of  Cabinet  officers.  The 
President's  Cabinet  is  therefore  not  a  constitutional 
creation,  but  a  product  of  statute  law. 


The  United  States  Constitution  33 

The  President  is  next  armed  with  the  pardoning 
power,  but  it  apphes  only  to  offenses  against  the  United 
States — that  is  to  say,  to  crimes  against  Federal  laws, 
such  as  treason,  sedition,  counterfeiting,  smuggling  or 
illegal  use  of  the  mails.  In  the  case  of  ordinary  criminals 
the  pardoning  power  is  vested  in  the  Governors  of  States 
or  in  boards  established  for  that  purpose. 

The  President  is  further  empowered  to  "make 
treaties,"  but  only  with  the  "advice  and  consent  of  the 
Senate"  and  provided  that  "two-thirds  of  the  Senate 
concur."  The  long  controversy  between  the  President 
and  the  Senate  over  the  peace  treaty  between  the  allied 
and  associated  powers  and  Germany  has  made  Amer- 
icans familiar  with  the  operation  of  this  constitutional 
decree. 

10.  The  Power  of  Appointment, — An  extraordinary 
source  of  power  is  opened  to  the  President  by  the  clause 
authorizing  him  to  appoint  "ambassadors,  ministers, 
consuls  and  all  other  officers  of  the  United  States  whose 
appointments  are  not  herein  otherwise  provided  for." 
It  was  this  grant  that  gave  the  President  his  large  con- 
trol of  what  is  known  as  "political  patronage,"  or  the 
choice  of  men  to  fill  many  of  the  Federal  offices.  His 
exercise  of  this  power  of  appointment  partly  accounts 
for  the  vigor  and  earnestness  of  the  party  struggles  for 
mastery.  This  power  is  subject  to  the  Senate's  right  of 
confirming  his  appointments,  already  referred  to ;  but  it 
is  the  President  who  makes  the  selection  in  every  case, 
and  it  is  only  on  rare  occasions  that  his  nominations  for 
office  are  rejected  by  the  Senate. 

Many  classes  of  Federal  office  holders  are  now  pro- 
tected in  their  places  by  Civil  Service  law^s.  By  this 
means  a  so-called  "merit  system"  has  been  established 
to  remedy  the  evils  of  the  "spoils  system,"  under  which 


34  New  Era  Civics 

many  thousands  of  faithful  public  servants  in  subordinate 
posts  were  exposed  to  the  danger  of  summary  removal 
whenever  a  change  of  party  administration  occurred  in 
Washington. 

The  other  powers  of  the  President  are  specified  in 
Section  3,  Article  II.  He  is  required  to  give  Congress 
from  time  to  time  "information  of  the  state  of  the  Union ; 
and  to  recommend  measures  for  the  consideration  of  that 
body."  This  is  the  warrant  for  the  Presidential  messages, 
regular  and  special,  to  Congress.  The  first  two  Presi- 
dents, Washington  and  Adams,  appeared  before  Congress 
in  person  to  deliver  their  messages.  The  third  President, 
Jefferson,  departed  from  their  practice  and  transmitted 
his  messages  in  writing;  and  this  example  was  followed 
by  all  the  Presidents  to  Wilson,  who  revived  the  original 
custom  of  personal  delivery.  The  President  is  further 
authorized  to  summon  Congress  to  meet  "on  extraordi- 
nary occasions,"  or  to  use  the  more  familiar  expression, 
in  "special  session."  A  time  for  the  regular  meeting  of 
Congress,  namely,  the  first  Monday  in  December  of  each 
year,  is  specified  in  the  Constitution,  but  Congress  is 
expressly  allowed  to  choose  a  different  day.  In  the  early 
years  of  the  Republic,  Congress  took  advantage  of  this 
permission  to  change  the  date  of  its  regular  meeting  no 
less  than  eighteen  times,  but  since  1820  the  date  recom- 
mended by  the  Constitution  has  remained  unaltered. 

11.  The  Vice  President  and  the  Succession. — The 
Vice  President  is  elected  at  the  same  time  and  in  the 
same  manner  as  the  President.  By  a  strange  oversight 
the  original  Constitution  prescribed  no  qualifications  for 
the  Vice  President,  but  this  omission  was  corrected  in 
the  Twelfth  amendment,  adopted  in  1804,  which  decreed 
that  "no  person  constitutionally  ineligible  to  the  office 
of  President  shall  be  eligible  to  that  of  Vice  President 


The  United  States  Constitution  35 

of  the  United  States."  The  only  specific  duty  assigned 
to  the  Vice  President  is  that  of  presiding  officer  of  the 
Senate.  But  he  has  no  vote  in  that  body  except  in  the 
event  of  an  equal  division  of  its  members  on  some 
measure  or  resolution.  He  can  then  decide  the  ''tie"  by 
his  "casting"  vote. 

It  is  the  Vice  President's  status  as  a  possible  successor 
to  the  power  of  the  Presidency  that  imparts  the  greatest 
dignity  to  his  office.  "In  the  case  of  the  removal  of  the 
President  from  office,"  says  the  Constitution,  "or  of  his 
death,  resignation  or  inability  to  discharge  the  powers 
and  duties  of  the  said  office,  the  same  shall  devolve  upon 
the  Vice  President."  Five  times  in  the  history  of  the 
United  States  the  Presidency  has  been  made  vacant  by 
death.  As  a  result  five  of  our  Vice  Presidents,  John 
Tyler  in  1841,  Millard  Fillmore  in  1850,  Andrew  Johnson 
in  1865,  Chester  A.  Arthur  in  1881,  and  Theodore  Roose- 
velt in  1901,  assumed  the  duties  and  responsibilities  of 
the  Chief  Magistrate.  The  Constitution  makes  no  other 
specific  provision  for  filling  a  vacancy  in  the  Presidential 
office ;  but  it  authorizes  Congress  to  designate  what  the 
line  of  succession  shall  be  if  both  the  President  and  Vice 
President  die,  in  turn,  or  are  unable  to  serve. 

It  will  be  seen  that  one  of  the  possible  causes  of  a 
vacancy  is  "the  removal  of  the  President  from  office." 
This  can  be  effected  only  by  successful  impeachment. 
Like  other  civil  officers  of  the  government,  the  President 
can  be  removed  from  office  "on  impeachment  for,  and 
conviction  of,  treason,  bribery,  or  other  high  crimes  or 
misdemeanors."  Impeachment,  as  used  in  this  sense,  is 
accusation.  When  this  extreme  process  is  applied  against 
a  President,  the  House  of  Representatives  has  the  sole 
power  of  impeachment,  or  accusation,  and  the  Senate, 
sitting  as  a  special  tribunal,  must  hear  the  charges  and 


36  New  Era  Civics 

the  evidence  and  pass  judgment.  On  such  an  occasion 
the  Chief  Judge  of  the  Supreme  Court  of  the  United 
States  presides  over  the  Senate  Court,  as  it  would  be 
manifestly  improper  for  the  Vice  President  to  perform 
that  function  in  a  trial  wherein  he  would  be  an  interested 
party.  A  two-thirds  majority  of  the  Senators  present 
wdien  the  final  vote  is  taken  is  necessary  to  convict. 

Only  once  has  a  President  been  tried  in  impeachment 
proceedings.  That  was  in  1868,  wdien  Andrew  Johnson, 
who  had  succeeded  to  the  Presidential  office  on  the  death 
of  Lincoln,  was  impeached  by  the  House.  Thirty-five 
Senators  voted  for  conviction  and  nineteen  against.  He 
was  therefore  acquitted  in  the  absence  of  an  affirmative 
majority  of  two-thirds;  but  the  change  of  a  single  vote 
from  the  "no"  to  the  "aye"  side  would  have  meant  his 
removal  from  office. 

THE  JUDICIAL  BRANCH 

12.  The  Federal  Judiciary. — In  this  partial  survey  of 
the  Constitution  two  of  the  three  branches  of  the  govern- 
ment— the  legislative  and  executive — have  been  dis- 
cussed. The  third,  or  judicial,  branch  remains  to  be 
considered.  In  addition  to  the  law-making  power,  vested 
in  Congress,  and  the  executive  power,  given  to  the  Presi- 
dent, it  was  necessary,  under  the  broad-visioned  plan  of 
the  convention,  to  create  a  third  power,  charged  with  the 
duty  of  interpreting  the  Constitution  and  insuring  its 
equal  and  just  application  in  all  disputed  cases  arising 
thereunder.  Such  cases  are  outlined  and  divided  into 
general  classes  in  Section  2,  Article  III.  The  only  con- 
stitutional court  established  by  name  is  our  great  historic 
tribunal,  the  Supreme  Court  of  the  United  States.  Aside 
from  this  provision,  the  creation  of  minor  United  States 
courts,  as  well  as  the  organization  of  the  Supreme  Court 


The  United  States  Constitution  37 

itself,  is  left  to  Congress.  All  the  Federal  judges  are 
appointed  by  the  President. 

It  should  be  observed  that  the  Constitution  confers 
one  remarkable  distinction  upon  the  judges  of  the 
Supreme  Court  and  other  Federal  courts.  It  invests  them 
with  what  is  practically  a  life  tenure,  or  term  of  service. 
"The  judges,"  it  says,  "both  of  the  Supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behavior." 
While  the  term  of  the  President  is  limited  to  four  years, 
and  of  Senators  and  Representatives  in  Congress  to  six 
years  and  two  years,  respectively,  no  limit  or  condition 
is  "attached  to  the  service  of  the  judges,  excepting  the 
performance  of  duty  described  as  "good  behavior." 

The  purpose  the  framers  of  the  Constitution  had  in 
mind  in  thus  setting  the  judges  apart  in  a  special  class, 
and  securing  them  against  removal,  was  plain  enough. 
They  deemed  it  desirable  that  the  President  and  the 
Congressmen  should  be  elected  for  fixed  terms  in  order 
that  the  people  could  call  them  to  account  for  their 
records,  and  change  them  at  will,  after  stated  intervals. 
But  it  was  also  determined  that  a  different  rule  should 
prevail  in  the  case  of  the  judges.  The  judges  were 
required  to  interpret  the  Constitution  or  hold  the  scales 
of  justice  with  the  strictest  impartiality.  With  this 
end  in  view,  it  was  decided  that  they  should  be  re- 
moved as  far  as  possi])le  from  outside  influences  that 
might  warp  their  judgment  if-  they  were  obliged  to 
seek  reelection  or  reappointment  after  short  terms  of 
service. 

In  a  word,  the  object  was  to  lift  the  Federal  judges 
above  the  ambitions  and  contentions  of  politics  and  to 
free  their  minds  from  any  thought  of  selfish  advantage 
in  reaching  and  rendering  their  decisions.  In  one  vital 
sense,  therefore,  the  judiciary  is  the  only  branch  of  the 


47710 


38  New  Era  Civics 

United  States  government  not  dependent  upon  public 
opinion  for  its  continuance  in  office.  Its  aloofness  in 
this  particular  is  held  to  be  a  prime  guarantee  of  its 
.absolute  fairness  as  between  conflicting  interests. 

GENERAL  PROVISIONS 

13.  The  Powers  of  Congress. — The  legislative  powers 
■derived  by  Congress  from  the  Constitution  are  chiefly 
such  as  every  independent  nation,  whatever  its  form  of 
government,  exercises.  Among  them  is  power  to  levy 
and  collect  taxes,  to  provide  for  the  common  defense 
and  welfare,  to  borrow  money,  to  regulate  commerce, 
to  coin  money,  to  declare  war,  to  raise  and  support 
armies. 

Special  emphasis  should  be  laid  upon  the  power  of 
•our  Congress  to  regulate  commerce  among  the  several 
States.  It  is  by  this  broad  grant  in  the  Constitution  that 
the  Federal  government,  through  Congress  and  the  Presi- 
dent, has  exercised  control  over  the  great  combinations 
of  capital,  including  monopolies  and  so-called  trusts, 
whose  business  overlaps  State  boundaries.  The  Supreme 
Court  has  of  late  years  taken  a  liberal  view  of  what  con- 
stitutes interstate  commerce  within  the  meaning  of  the 
Constitution.  As  a  result  Congress  has  been  able  to 
wield  a  power  of  national  regulation  over  railroads  and 
the  great  industrial  combinations  known  as  trusts  which 
might  otherwise  have  brought  it  into  conflict  with  State 
authority. 

Among  the  powers  vested  in  Congress  was  that  of 
admitting  new  States  into  the  Union.  The  same  body 
-was  empowered  by  the  Constitution  "to  dispose  of  and 
make  all  needful  rules  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  United 
States."     In  1791,  Vermont,  as  the  first  new  State,  was 


The  United  States  Constitution  39 

added  to  the  original  thirteen ;  and  in  1912  the  great 
sisterhood  of  the  United  States  proper  was  completed  by 
the  admission  of  Arizona  and  New  Mexico.  In  this  long 
interval,  legislation  for  the  creation  of  new  States  and 
for  the  government  of  the  territories  formed  was  an 
important  part  of  the  duties  and  the  history  of  Con- 
gress. In  1912  the  last  territory  within  the  continental 
boundaries  of  the  United  States,  barring  only  the  Dis- 
trict of  Columbia,  was  advanced  to  statehood.  Mean- 
while, however,  Alaska,  Hawaii,  Porto  Rico  and  the 
Philippines  had  passed  under  our  national  control,  and 
in  these  outlying  lands  the  power  of  Congress  over  the 
territories  was  exercised  in  different  forms. 

14.  Amending  the  Constitution. — The  Constitution 
prescribes  simple  rules  for  its  own  amendment.  Under 
the  method  always  observed  in  the  past,  Congress,  by 
a  two-thirds  vote,  adopts  a  resolution  submitting  the 
proposed  amendment  to  the  Legislatures  of  all  the  States. 
If  the  Legislatures  of  three-fourths  of  the  States  approve 
and  accept  the  amendment — or  ratify  it,  to  use  the  more 
familiar  term — it  becomes  a  part  of  the  Constitution. 
In  requiring  a  two-thirds  vote  of  both  branches  of  Con- 
gress to  submit  an  amendment,  and  the  approval  of  three- 
fourths  of  the  States  to  ratify  it,  the  makers  of  the 
Constitution  took  careful  precautions  to  guard  against 
changes  in  the  instrument  without  the  strong  support 
of  public  opinion. 

Under  the  constitutional  provision  thus  described  it 
rests  with  Congress  to  determine  whether  an  amendment 
shall  be  submitted  to  the  country.  But  there  is  another 
provision  by  which  the  States,  if  two-thirds  of  their 
Legislatures  so  decide,  can  instruct  Congress  to  call  a 
national  convention  for  proposing  one  or  more  amend- 
ments  to   the   Constitution.     If  such   action   should  be 


40  New  Era  Civics 

taken  by  the  necessary  number  of  State  Legislatures, 
Congress  would  be  bound  to  comply  with  the  request. 
But  if  a  constitutional  convention  thus  called  should  sub- 
mit amendments,  these  would  still  have  to  be  ratified 
by  three-fourths  of  the  State  Legislatures,  as  in  the  case 
of  amendments  submitted  by  Congress.  This  latter 
method  of  proposing  changes  in  the  Constitution  has 
never  been  tried. 

When  the  original  Constitution  was  submitted  to  the 
thirteen  States  for  adoption,  much  opposition  to  it 
developed  on  the  ground  that  it  clothed  the  national,  or 
Federal,  government  with  too  much  power  at  the  expense 
of  the  States  and  their  people.  In  several  States  an 
earnest  demand  was  expressed  for  amendments  that 
would  more  securely  fortify  personal  liberty  and  the 
existing  system  of  self-government  within  the  States, 
In  compliance  with  this  demand  the  First  Congress 
elected  under  the  new  Constitution,  sitting  in  New  York 
in  1789,  submitted  ten  amendments,  which  were  duly 
ratified,  and  were  declared  in  force  in  December,  179L 
They  deserve  an  attentive  reading. 

It  will  be  seen  that  these  ten  amendments  safeguard 
the  rights  of  the  States  or  of  individual  citizens.  They 
specifically  insure  freedom  of  religious  worship;  the 
right  of  the  people  to  keep  and  bear  arms  for  mutual 
defense ;  the  safety  of  the  people,  in  their  persons  and 
homes,  from  unreasonable  and  unauthorized  seizures 
and  searches;  their  freedom  from  prosecution  for  crime 
in  time  of  peace,  in  the  absence  of  an  indictment;  their 
security  from  other  arbitrary  invasions  of  their  personal 
liberty  and  their  property  and  other  rights  under  the 
common  law ;  and,  above  all,  their  right  to  a  jury  trial 
and  reasonable  bail,  when  accused  of  crime.     The  last 


The  United  States  Constitution  41 

of    these    amendments,    Article    X,    calls    for    particular 
emphasis.     It  reads  as  follows  : 

The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
by  the  States  respectively,  or  to  the  people. 

This  is  pre-eminently  the  State-Rights  article  of  the 
Constitution.  It  leaves  to  the  States  the  sovereign  exer- 
cise of  all  powers  not  expressly  granted  to  the  govern- 
ment at  Washington,  represented  by  Congress  and  the 
President.  No  less  than  five  subsequent  amendments 
were  adopted  in  order  to  confer  upon  the  Federal  govern- 
ment powers  denied  to  it  by  Article  X.  Three  of  them — 
the  Thirteenth,  Fourteenth  and  Fifteenth — related  to 
slavery  and  the  citizenship  and  political  rights  of  the 
freedmen  and  their  descendants.  The  Eighteenth,  or 
Prohibition,  amendment  took  from  the  States  the  control 
of  the  traffic  in  intoxicating  liquors  and  declared  its  aboli- 
tion. The  Suffrage  amendment,  the  Nineteenth,  was 
designed  to  give  women  the  voting  franchise  in  every 
State  of  the  Union.  It  accomplishes  this  purpose  by 
taking  away  the  right  of  the  States  to  enforce  any  quali- 
fication for  voting  based  on  sex. 


'ts 


Question  Guide  to  Chapter  III 

1.  When  did  the  Fathers  of  the  Constitution  meet,  and  what 
was  their  general  purpose?  Why  was  a  new  government  considered 
necessary?  What  was  the  national  charter  called  that  preceded  the 
Constitution?  In  what  kind  of  language  was  the  Constitution 
framed? 

2.  What  was  the  first  problem  before  the  framers?  Describe 
it  in  your  own  words  ?  Why  was  it  difficult  to  organize  the  thirteen 
States  in  a  common  Union?  Repeat  the  Preamble  to  the  Constitu- 
tion. 


42  New  Era  Civics 

3.  How  was  the  Congress  under  the  old  Confederation  made 
up?  Why  was  not  the  single-chamber  plan  suitable  for  the  govern- 
ment? What  examples  of  legislatures  with  two  chambers  were 
familiar  to  the  convention?  How  were  the  two  branches  of  State 
Legislatures  chosen,  as  a  rule? 

4.  What  is  the  original  design  of  a  Federal  Senate  called  in 
history?  On  what  ratio  of  representation  was  the  Senate  created? 
Explain  how  the  plan  of  equal  representation  in  the  Senate  helped 
to  solve  the  problem?  How  did  representation  in  the  lower  House 
•differ? 

5.  Which  of  the  two  branches  of  Congress  is  known  as  the  popu- 
lar branch?  Which  class  of  States  had  their  rights  specially  pro- 
jected by  the  creation  of  the  Senate?  How  does  the  Constitution 
guarantee  equal  State  representation  in  the  Senate?  How  does  the 
Senate  act  as  a  check  upon  the  House  of  Representatives?  What  are 
the  terms  of  service  of  Senators  and  members  of  the  House?  Why 
were  the  Senators  given  the  longer  term?  What  is  the  age  require- 
ment for  service  in  each  branch?  Which  is  supposed  to  be 'the 
more  conservative  body? 

6.  How  did  the  Constitution  makers  originally  provide  for  the 
election  of  Senators,  and  what  change  has  been  made  in  that  method 
in  our  own  time? 

7.  In  which  branch  of  Congress  do  bills  for  raising  revenue 
■originate?  INIention  two  special  privileges  enjoyed  by  the  Senate. 
In  what  case  does  the  House  of  Representatives  elect  the  President? 
How  is  the  Vice  President  chosen  in  similar  circumstances? 

8.  In  whom  does  the  Constitution  lodge  the  executive  power? 
What  are  the  qualifications  for  the  office  of  President?  To  what 
"body  does  the  Constitution  intrust  his  election? 

9.  Why  has  the  scope  of  the  President's  powers  been  enlarged? 
Which  of  his  powers  is  first  defined  by  the  Constitution?  Was  the 
President's  Cabinet  specifically  created  by  the  Constitution?  To 
what  crimes  does  the  President's  pardoning  power  apply?  In  what 
officer  of  the  government  is  the  power  of  "making  treaties"  vested? 
What  is  the  province  of  the  Senate  with  regard  to  treaties? 

10.  Where  is  the  power  of  appointing  the  principal  officers  of 
the  government  placed?  What  has  the  Senate  to  do  with  appoint- 
ments to  office?  What  great  reform  has  tended  to  correct  the  abuses 
of  the  "spoils  system"?  What  are  the  general  rules  governing  the 
President's  official  intercourse  with  Congress?  What  is  the  regular 
meeting  day  of   Congress. 


The  United  States  Constitution  43 

11.  What  is  the  single  duty  of  the  Vice  President?  When  is 
he  allowed  to  vote  on  legislative  measures?  In  what  event  does  the 
Vice  President  assume  the  powers  of  the  President?  What  body 
has  the  right  of  impeaching  the  President,  and  what  body  has  the 
right  of  removing  him  after  impeachment?  Name  the  single  instance 
where  the  President  was  impeached,  and  the  outcome  of  the  trial. 
What  officer  presides  in  impeachment  proceedings  against  the  Presi- 
dent? 

12.  What,  generally  speaking,  is  the  duty  of  the  Federal 
judiciary?  What  famous  court  did  the  Constitution  establish  by 
name?  How  are  the  Supreme  Court  and  other  Federal  judges 
appointed,  and  how  do  their  terms  of  service  differ  from  those  of 
other  Federal  officials?  Why  were  the  Federal  judges  given  life 
terms  ? 

13.  Name  some  of  the  general  powers  of  Congress.  What 
particular  power  of  Congress  has  been  found  very  useful  in  late 
years? 

14.  How  is  the  Constitution  amended?  When  were  the  first 
ten  amendments  to  the  Constitution  declared  in  force?  What  was 
the  main  purpose  of  their  adoption?  Repeat  the  Tenth  amendment. 
What  is  the  distinctive  character  of  that  amendment?  Name  the 
five  amendments  to  the  Constitution  adopted  since  the  Civil  War 
which  were  intended  to  modify,  for  special  reasons,  the  State-Rights 
privileges  conferred  by  Article  X? 


CHAPTER  IV 

THE  PRESIDENCY 

/  humble  myself  before  the  magnitude  of  the  undertak- 
ing.— Jefferson's  First  Inaugural. 

1.  The  President's  Varied  Powers. — The  President 
is  clothed  by  the  Constitution  with  the  power  of  executing 
the  laws,  of  commanding  the  military  forces  and  of  ap- 
pointing the  officers  of  the  United  States  government. 
He  is,  moreover,  authorized  to  confirm  each  measure  of 
Congress  by  his  approval  or  to  reject  it  by  his  veto. 
When  he  exercises  the  right  of  veto  it  is  decisive,  unless 
the  two  branches  of  Congress  each  muster  a  two-thirds 
majority  to  override  his  objections.  He  may  thus  be 
said  to  possess  four  distinct  powers — the  executive  power, 
the  military  power,  the  appointive  power  and,  in  con- 
junction with  Congress,  the  legislative  power. 

2.  His  Service  for  a  Fixed  Time. — Owing  to  this  im- 
posing range  of  the  Chief  Magistrate's  authority  in  a 
nation  of  more  than  one  hundred  millions  of  inhabitants, 
it  is  often  claimed  that  he  is  the  most  powerful  executive 
of  any  country  that  boasts  a  form  of  government  in 
which  the  people's  will  prevails.  In  one  respect  the 
claim  cannot  be  disputed.  The  Fathers  of  the  Con- 
stitution deemed  it  wise  that  the  President  should  be 
chosen  for  a  fixed  term  of  four  years ;  and  that  he  should 
be  independent  of  control  by  the  national  legislature, 
except  so  far  as  the  House  of  Representatives  has  the 

44 


The  Presidency 


45 


constitutional  right  to  impeach  him  and  the  Senate  to 
try  him  and  remove  him  from  office  after  impeachment. 
As  we  have  seen,  only  one  attempt  of  this  kind  has  been 
made  by  Congress  in  all  our  history. 

Leaving  aside  this  possibility,  the  President  exercises 
his  power  for  the  specified  period  of  four  years.  Under 
other  great  liberal  governments  the  principal  power  is 


ISluUli    l!ii 


The  Home  of  the  Presidents 


lodged  in  the  national  legislature,  which  itself  virtually 
selects  the  chief  executive  or  prime  minister,  or  whatever 
he  may  be  called,  who  is  therefore  responsible  to  that 
body  for  the  discharge  of  his  trust.  Under  such  a  system, 
when  the  legislature  votes  down  an  important  policy  of 
the  executive,  that  adverse  vote,  showing  lack  of  con- 


46  New  Era  Civics 

fidence,  may  force  his  immediate  retirement  from  office. 
Even  during  the  World  War,  one  sudden  change  of  that 
character  was  effected  in  Great  Britain  and  more  than 
one  in  France.  France,  by  the  way,  elects  a  President 
for  a  seven-year  term,  but  he  has  only  a  shadow  of  the 
authority  of  our  own  President.  In  that  country  the  chief 
executive  is  the  premier,  who  can  be  displaced  at  will 
by  a  majority  vote  of  the  representative  body.  The  Presi- 
dent of  the  United  States,  on  the  contrary,  owes  his 
great  powers,  not  to  the  favor  or  confidence  of  Congress, 
but  to  the  Constitution  and  the  will  of  the  people. 

In  his  independence  of  outside  influence,  in  the  se- 
curity of  his  power  for  a  prescribed  term  and  in  the 
weight  and  variety  of  his  responsibilities,  the  President 
may  be  considered  the  foremost  of  the  world's  executives. 

3.  Burdens,  Rewards  and  Customs. — It  is  needless 
to  say  that  the  President  is  an  extremely  hard-working 
and  sometimes  overworked  official.  Of  necessity,  much 
of  the  work  of  the  executive  branch  is  entrusted  to  the 
heads  of  the  various  departments  and  their  subordinates, 
and  Congress  has  never  been  niggardly  in  its  provision 
for  an  adequate  White  House  staff.  Yet  the  duties  to 
which  the  President  must  perforce  give  his  personal 
attention  are  a  severe  tax  on  his  faculties  of  endurance, 
and  they  have  become  more  trying  with  the  growth  of 
the  country  and  the  extension  of  the  administrative 
machinery. 

The  war-time  strain  upon  President  Wilson  was,  of 
course,  exceptional,  as  extraordinary  powers  were  dele- 
gated to  him  by  Congress.  But  even  in  time  of  peace, 
the  duties  of  the  executive  have  become  so  varied  and 
burdensome  that  he  has  but  little  time  for  recreation 
and  even  less  time  for  intercourse  with  the  outside  world, 
excepting  such  as  relates  to  his  official  obligations.     It  is 


The  Presidency 


47 


true  that  several  of  our  Presidents,  notably  Roosevelt,, 
a  man  of  phenomenal  mental  and  physical  vigor,  have 
made  extraordinary  records  by  the  length  and  duration 
of  their  journeys  of  speech-making  and  official  visitation 
through  the  country ;  but  on  these  occasions  they  were 
accompanied  by  detachments  from  the  clerical  force  of 


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w^^M  !  ^^^^^^^^^^^^^^^^^^^^^hHH^^^^h 

iNii^HByuB     '4a|^^| 

Hfl 

bBt— "■\^^^BBBi?^^M^^^^^^^^^B 

HF^^^^ 

^Hr^^  "  -^""*3P9P7S  -, 

I'ndenvood  &  Underwood. 

The  State  Dining-room 

Where    the    President    entertains    distinguished    guests. 

the   White   House   and   transacted   more   or   less  official 
business  en  route. 

The  President's  salary  was  originally  fixed  at  $25,000 
per  year,  and  before  Civil  War  times  it  was  deemed  a 
handsome  compensation,  measured  by  the  large  purchas- 
ing power  of  money  in  that  era.  In  1873,  during  Grant's 
second  term,  the  salary  was  doubled.  In  1909  it  was  in- 
creased to  $75,000,  and  President  Taft  was  the  first 
executive  to  be  thus  favored.  In  addition,  $25,000  is 
allowed    each    vear    to    cover    the    President's    traveling 


48  New  Era  Civics 

expenses.  We  must  also  remember  that  his  official  home, 
together  with  its  furnishings,  equipments,  heating,  light- 
ing, automobiles,  and  other  accessories,  including  a 
famous  conservatory,  is  maintained  by  the  government 
without  cost  to  the  President.  The  mail  that  reaches 
the  White  House  often  exceeds  2,000  letters  in  a  single 
day.  They  are  quickly  examined  by  the  President's 
Secretary  and  the  assisting  clerks,  and  only  an  important 
fraction  of  them  is  submitted  for  his  perusal. 

Though  the  President  is  legally  at  liberty  to  travel 
when  and  where  he  chooses,  it  was  for  about  one  hundred 
years  a  species  of  unwritten  law  that  he  should  not  leave 
the  territorial  bounds  of  the  United  States.  Strictly 
speaking,  the  first  President  to  disregard  this  rule  was 
Cleveland,  who  on  one  occasion  went  beyond  the  three- 
mile  limit  on  an  Atlantic  fishing  trip.  President  Roose- 
velt made  a  more  conspicuous  departure  w^hen  he  visited 
the  Republic  of  Panama  in  the  course  of  a  trip  of  inspec- 
tion of  the  Isthmian  Canal.  But  such  exceptions  were 
minor  ones  compared  with  President  Wilson's  two 
missions  to  Europe  to  take  part  in  the  historic  Peace 
Congress. 

4.  The  Succession. — In  the  event  of  a  vacancy  in  the 
office  of  President,  its  duties  pass  to  the  Vice  President 
as  soon  as  he  has  taken  the  oath  of  office.  One  instance 
of  such  a  solemn  transfer  was  in  Buffalo  in  the  fall  of 
1901,  when,  within  half  an  hour  of  the  death  of  the 
stricken  McKinley,  Vice  President  Roosevelt  was  sworn 
in  as  his  successor  by  a  Federal  judge  at  Bufifalo.  It 
has  never  happened  that  a  President  and  the  Vice  Presi- 
dent who  succeeded  him  have  both  died  in  office  within 
the  same  four-year  term  of  service ;  but  it  was  necessary 
to  guard  against  such  a  calamity.  The  present  law  on 
the  subject,  the  so-called  Presidential  Succession  act,  was 


The  Presidency  49 

passed  in  1886.  It  was  intended  to  correct  an  oversight 
which  deserves  some  attention. 

The  Constitution  authorizes  the  Senate  to  choose  "a 
President  pro  tempore  in  the  absence  of  the  Vice  Presi- 
dent." It  also  decrees  that  Congress  may  declare  by- 
law "what  officer  shall  act  as  President,"  in  case  of  the 
death,  removal,  resignation  or  disability  of  the  President 
and  of  his  successor,  the  Vice  President.  As  early  as 
1792  Congress  accordingly  ordained  that  the  President 
pro  tern,  of  the  Senate  should  be  the  next  successor,  and 
after  him  the  Speaker  of  the  House. 

The  provision  was  not  a  wise  one,  for  two  reasons. 
In  the  first  place,  it  was  within  the  possibilities  that  the 
Senate  might  have  no  President  and  the  House  no 
Speaker  at  a  given  time.  Again,  it  might  easily  happen 
that  the  Senate  majority  and  therefore  its  presiding  officer 
would  be  of  a  different  party  faith  from  the  administra- 
tion last  chosen  by  the  people.  In  that  event  a  vacancy 
in  the  Presidency  by  a  double  death  would  mean  a  sudden 
and  accidental  change  in  party  control  of  the  govern- 
ment. 

This  possibility  was  brought  home  to  Congress  and 
the  country  in  the  autumn  of  1885.  Vice  President  Hen- 
dricks died  on  November  25th.  If  President  Cleveland 
had  died  within  the  next  few  days  there  would  have  been 
no  legal  successor  to  his  office  in  sight.  The  Forty-ninth 
Congress  had  been  elected,  but  was  not  to  meet  in  regular 
session  until  December  7th.  The  Senate,  which  was 
Republican,  had  held  a  brief  session  in  the  spring  but 
had  elected  no  President  pro  tern.  The  House  had  not 
yet  assembled  and  was  therefore  without  a  Speaker. 
When  Congress  finally  met  and  organized,  John  Sherman 
of  Ohio,  a  Republican,  was  President  pro  ton,  while  the 
Speaker  of  the  House  was  John  G.  Carlisle  of  Kentucky, 


50 


New  Era  Civics 


a  Democrat.  But  under  the  statute  of  1792  the  prior 
right  of  succession  was  Senator  Sherman's ;  so  that  if 
the  Democratic  President  had  died  his  successor  would 
have  been  a  RepubHcan.  Thus  the  death  of  Vice  Presi- 
dent Hendricks  gave  vital  force  to  both  of  the  objections 
already  mentioned  to  the  only  law  regulating  the  succes- 
sion. 

5.     The  Present  Succession  Act. — To  relieve  this  sit- 
uation and  to  guard  against  its  repetition  Congress,  in 


Underwood  «S:  Underwood. 

The  Original  Harding  Cabinet 

The  entire  group  after  its  first  meeting  with  the  President.  The  members 
are  arranged  as  follows,  with  the  White  House  in  the  background:  Left  to 
right,  front  row,  Secretary  of  War  Weeks,  Secretary  of  Treasury  Mellon, 
Secretary  of  State  Hughes,  President  Harding,  Vice  President  Coolidge,  and 
Secretary  of  Navy  Denby.  Back  row,  left  to  right:  Secretary  of  Interior 
Fall,  Postmaster  General  Hays,  Attorney  General  Daugherty,  Secretary  of 
Agriculture    Wallace,    Secretary    of    Commerce    Hoover,    and    Secretary    of 

Labor  Davis. 


January,  1886,  enacted  the  Presidential  Succession  law 
now  in  operation.  It  provides  that  in  the  event  of  the 
death,  disability,  resignation  or  removal  of  both  the 
President  and  his  Vice  Presidential  successor,  the  Secre- 
tary of  State  shall  assume  the  powers  and  duties  of  the 
office ;  and  after  him  the  Secretary  of  the  Treasury,  the 


The  Presidency  SI 

Secretary  of  War,  the  Attorney  General,  and  so  on 
through  the  Cabinet  group  of  officers,  in  the  order  of 
their  original  creation. 

By  this  means  the  danger  of  a  vacancy  in  the  Presi- 
dency was  virtually  removed ;  and  the  arrangement  has 
the  further  merit  of  insuring  the  succession  to  officers 
who  are  named  by  the  President  and  in  political  sym- 
pathy with  the  existing  administration.  The  law,  of 
course,  requires  that  each  possible  Cabinet  successor 
shall  have  the  qualifications  for  the  office  of  President 
prescribed  in  the  Constitution. 

6.  President  and  Congress. — The  President  can 
largely  determine  his  official  relations  with  Congress. 
His  one  necessary  duty  in  this  respect  is  to  inform 
Congress  from  time  to  time  as  to  the  state  of  the  Union 
and  to  recommend  measures  for  its  consideration.  It  is 
in  the  performance  of  this  duty  that  the  President's 
regular  and  special  communications  to  that  body  are 
made.  These  may  be  by  letter  or  by  spoken  addresses, 
as  he  prefers.  Occasionally  either  branch  of  Congress 
may  request  information  which  the  President  has  not 
already  volunteered.  In  such  cases  he  generally  com- 
plies, but  there  are  times  when  he  exercises  the  privilege 
of  declining  on  the  ground  that  the  supplying  of  the 
required  information  would  be  "incompatible  with  the 
public  interests." 

When  bills  are  passed  by  both  branches  of  Congress, 
they  are  signed  by  the  presiding  officer  of  each  body 
and  sent  to  the  White  House.  It  should  be  noted  that 
"bills  thus  adopted  may  be  disposed  of  by  the  President 
in  other  ways  than  by  approval  or  veto.  A  bill  which 
the  President  does  not  act  upon  within  ten  week  days 
becomes  a  law  without  his  signature,  provided  Congress 
is  still  in  session.    A  conspicuous  instance  of  this  method 


52  New  Era  Civics 

of  enactment  occurred  in  1894  when  President  Cleve- 
land, who  was  dissatisfied  with  the  Tariff  bill  of  that 
year,  allowed  it  to  go  into  effect  without  his  approval. 
But  if  Congress  adjourns  within  the  ten-day  period  per- 
mitted for  executive  action  on  a  bill,  the  President's 
failure  to  sign  it  has  the  same  effect  as  if  he  had  rejected 
it.     This  is  called  "a  pocket  veto." 

The  President,  in  considering  a  bill  submitted  to  him, 
has  no  room  for  choice  as  between  its  different  provisions. 
He  must  approve  it  as  a  whole  or  not  at  all.  In  the  case 
of  appropriation  bills — bills  appropriating  money  for 
government  purposes — this  is  a  peculiarity  of  the  Federal 
system.  A  different  rule  prevails  in  the  States,  where 
the  Governor  can  veto  some  items  in  an  appropriation 
bill  which  he  considers  unsatisfactory  and  approve  the 
rest. 

From  time  to  time  there  has  been  agitation  for  a 
constitutional  amendment  which  would  enable  the  Presi- 
dent to  choose  between  the  various  items  of  an  appro- 
priation bill — to  accept  some  and  reject  others,  according 
to  his  best  judgment. 

In  order  to  force  the  President's  hand,  Congress  some- 
times attaches  a  "rider"  to  an  appropriation  bill.  A  rider 
is  a  legislative  measure  which  bears  no  direct  relation  to 
the  appropriation  bill,  but  which  is  tacked  to  it  in  the 
expectation  that  the  President  will  accept  the  whole  bill, 
including  the  "rider"  (which  he  may  not  approve)  rather 
than  veto  the  bill  for  the  sake  of  killing  the  "rider." 

7.  The  President's  Appointing  Power. — The  Presi- 
dent has  more  or  less  personal  consultation  with  members 
of  Congress  relative  to  legislation  and  appointments  to 
office.  This  is  chiefly  true  of  Senators  and  Representa- 
tives of  his  own  party.  It  has  been  for  many  years  the 
recognized  privilege  of  Congressmen  to  recommend  can- 


The  Presidency  53 

didates  for  appointive  office  to  the  Presidents  of  their 
party.  With  regard  to  the  filling  of  minor  Federal  offices 
within  the  district  of  a  Representative  of  the  same  party 
faith  as  the  President's,  the  influence  of  such  Represen- 
tative has  much  to  do  with  the  President's  choice. 

In  the  selection  of  more  important  officers,  including 
foreign  ambassadors,  ministers  and  consuls,  the  recom- 
mendations of  Senators  naturally  receive  the  attention 
of  the  President,  especially  for  the  reason  that  the  Senate 
can  reject  an  executive  nomination  for  office,  and  a 
Senator  who  is  aggrieved  by  the  President's  choice  can 
often  persuade  his  colleagues  to  vote  against  the  appoint- 
ment. Differences  of  this  kind  between  the  President 
and  individual  Senators  of  the  same  party  have  been  the 
occasion  of  some  bitter  conflicts  at  Washington. 

THE  MERIT  SYSTEM 

8.  The  Reform  of  the  Civil  Service. — A  radical 
change  has  been  gradually  effected  in  the  scope  of  the 
President's  power  of  appointment  and  therefore  in  the 
field  of  political  patronage  open  to  office-seekers  and 
their  backers  in  and  out  of  Congress.  This  has  been 
due  to  the  sweeping  progress  of  Civil  Service  Reform, 
which  deserves  consideration  as  one  of  the  happy  develop- 
ments of  our  political  system. 

In  the  first  forty  years  of  the  Republic,  the  number 
of  appointive  Federal  offices  was  not  large.  Nor  did  the 
method  of  their  distribution  arouse  much  interest  or 
noticeably  disturb  the  currents  of  political  controversy. 
But  in  President  Jackson's  time  the  use  of  the  executive 
patronage  to  strengthen  party  domination  began  to  pro- 
voke opposition  and  censure.  It  soon  became  evident 
that  only  good  Jackson  Democrats  stood  any  chance  of 
appointment  to   Federal   office.     President  Van   Buren 


54 


New  Era  Civics 


followed  his  predecessor's  example  by  using  his  authority 
to  put,  or  keep,  none  but  Democrats  on  guard ;  and  after- 
wards the  Whigs,  when  they,  in  turn,  had  the  oppor- 
tunity to  fill  the  offices  with  their  friends,  showed  a 
similar  disposition  to  make  the  most  of  it.  Changes  in 
office  for  party  reasons  thus  became  a  settled  policy  of 
party  government,  as  was  emphasized  by  the  declaration 


Brown  Bros. 


The  Famous  Blue  Room 

Where  the  President   received   Marshal   Foch   in   October,   1921. 


of  a  prominent  Senator  that  "to  the  victors  belong  the 
spoils."  Every  shift  in  administration  was  the  signal 
for  a  rush  for  office.  The  rush  was  naturally  more 
eager  and  tumultuous  when  the  election  for  a  new  Presi- 
dent meant  a  change  in  party  control.  Even  Lincoln 
when  first  elected,  laden  as  he  was  with  many  cares  and 
anxieties,  had  to  face,  and  deal  with  as  best  he  could,  an 
onslaught  of  office-seekers. 


The  Presidency 


55 


After  the  Civil  War  the  scramble  at  Washington  for 
spoils  became  more  and  more  offensive,  and  it  may  be 
said  to  have  reached  a  violent  climax  in  1881,  when  Presi- 
dent Garfield  was  shot  and  mortally  wounded  by  a  dis- 
appointed and  unbalanced  office-hunter.  This  tragedy 
gave  new  life  and  impetus  to  a  movement  for  the  reform 
of  the  Civil  Service  which  had  been  launched  on  a  small 
scale  by  Congress  in  1871,  in  the  shape  of  an  act  for 
regulating  admissions  to 
the  civil  service  under  the 
direction  of  a  national 
commission.  It  included 
provisions  for  competitive 
examinations  of  candi- 
dates for  office. 

In  the  next  few  years 
Civil  Service  Reform  lan- 
guished for  want  of  sup- 
port in  Congress  or  among 
the  people.  But  atten- 
tion was  turned  anew  to 
the  reform  by  an  elab- 
orate report  by  Dorman 
B.    Eaton,    who    under    a 

commission  from  President  Hayes  had  gone  to  England 
to  study  the  Civil  Service  system  there  prevailing.  The 
foul  assault  on  Garfield  was  quickly  followed  by  the 
formation  of  a  National  Civil  Service  Reform  League. 
Under  the  influence  of  an  aroused  public  sentiment 
Congress  passed,  in  1883,  the  famous  Pendleton  act, 
named  after  its  leading  champion  in  that  body.  Senator 
George  H.  Pendleton  of  Ohio. 

9.     Growth  of  the   Merit  System. — The   purpose   of 

the   Pendleton   law,   in   a   word,   was   to    insure   greater 
5 


Clijiediust  Studio. 

A  Presidential  Guard 

Motorcylists    from    the   United    States 

Secret    Service    who    speed    beside    the 

President's    auto    in    his    journeys    to 

and    from    the    White    House. 


56  New  Era  Civics 

stability  and  efficiency  in  the  whole  Federal  service,  by 
establishing  tests  of  fitness  for  all  applicants  for  appoint- 
ments, and  by  protecting  from  the  danger  of  removal  for 
political  causes  faithful  and  experienced  official  workers. 
With  this  end  in  view,  the  act  provided  for  the  classifica- 
tion of  positions  in  the  Washington  departments,  and 
in  the  Postoffices  and  Custom  Houses.  It  created  a 
Federal  Civil  Service  commission  of  three  members,  who 
were  authorized  to  devise  rules  for  the  selection  of 
qualified  applicants ;  and  the  President  was  empowered 
to  extend  the  classified  service  from  time  to  time.  It 
was  necessary  to  develop  the  new  system  gradually  to 
keep  pace  with  the  slow  growth  of  favorable  public 
opinion  and  to  reconcile  prejudiced  politicians  in  and 
out  of  Congress  to  the  change.  At  the  beginning  not 
more  than  15,000  minor  positions  were  classified  and  thus 
subjected  to  the  new  test  of  merit. 

It  was  President  Arthur  who  made  the  first  serious 
departure  from  the  old  rule  of  party  favoritism  ;  and  every 
President  after  him  issued  orders  that  increased  the  num- 
ber of  classified  offices.  One  of  the  earlier  Civil  Service 
Commissioners  was  Theodore  Roosevelt,  appointed  by 
President  Harrison  in  1889  and  continued  in  office  by 
President  Cleveland.  As  a  firm  believer  in  the  reform, 
Roosevelt,  before  his  later  Presidential  service  was  ended, 
doubled  the  number  of  officials  afifected  by  the  Civil 
Service  rules  when  he  first  entered  the  White  House. 
From  the  modest  beginning  in  1883,  the  scope  of  the 
merit  system  has  so  expanded  that  early  in  1922  it  covered 
600,000  Federal  offices  in  the  classified  service. 

10.  The  Non-Classified  Service. — Though  the  appli- 
cation of  the  reform  has  steadily  broadened,  many  officers, 
from  the  heads  of  the  Cabinet  departments  and  the  Amer- 
ican diplomats  on  foreign  missions  downwards,  are  still, 


The  Presidency  57 

and  must  continue  to  be,  exempt  from  Civil  Service  rules. 
Generally  speaking,  the  exempt  officials  may  be  divided 
into  two  classes : — those  who,  by  virtue  of  their  official 
functions,  are  expected  to  serve  as  sympathetic  agents  in 
carrying  out  the  political  policy  of  a  given  administra- 
tion, and  those  who,  in  subordinate  posts,  maintain  con- 
fidential relations  with  their  official  chiefs.  Private 
secretaries  are  good  samples  of  this  latter  class. 

11.  Advantages  of  the  New  System. — It  is  generally 
agreed  that  the  effect  of  Civil  Service  Reform  in  every 
branch  of  the  Federal  service,  as  well  as  of  the  State 
and  municipal  service,  has  been  beneficial.  Public  senti- 
ment has  to  all  appearances  heartily  approved  the  change. 
It  has  done  no  more  than  apply  to  the  official  agents  of 
government  the  rules  of  selection  based  on  merit  which 
are  supposed  to  prevail  in  every  well-ordered  private  or 
corporate  business. 

Civil  Service  Reform  is  intended  to  apply  to  nearly 
all  subordinate  government  employes.  It  does  not  apply 
to  officials  whose  appointments  by  the  President  have 
to  be  confirmed  by  the  Senate. 

The  merit  system  is  now  a  recognized  American 
institution.  Worked  out  in  detail  by  Federal  and  State 
laws,  its  aim  is  simply  to  insure,  by  fairly  conducted 
examinations,  an  eligible  list  of  competent  persons,  from 
the  best  qualified  of  whom  the  appointing  officer  or  board 
must  make  the  selection.  The  theory  underlying  it  is 
that  merit  and  fitness,  and  not  partisan  beliefs  or  affilia- 
tions, should  count  decisively  in  the  filling  of  public 
offices.  In  the  Federal  sphere,  the  reform  has  another 
great  recommendation,  because  it  has  to  a  great  extent 
simplified  the  exercise  of  the  appointive  power,  not  only 
by  the  President,  but  also  by  the  heads  of  departments 
and  lesser  administrative  officers. 


58  New  Era  Civics 

12.  Other    Important    Powers    of    the    President. — > 

Among  the  Presidential  powers  mention  must  be  made 
of  his  power  to  call  special  sessions  of  Congress,  and 
to  adjourn  Congress  when  the  two  branches  cannot  agree 
upon  an  adjournment  date ;  of  his  power  to  grant  pardons 
or  reprieves  to  persons  convicted  of  crimes  against 
Federal  laws ;  of  his  ceremonial  duty  of  receiving  am- 
bassadors, ministers  and  special  envoys  from  foreign 
countries ;  and,  last  but  not  least,  of  his  right  to  make, 
or  negotiate,  treaties. 

13.  The  President  in  World  Affairs. — The  European 
War  gave  the  United  States  a  more  commanding  posi- 
tion in  world  affairs,  and  it  correspondingly  increased  the 
authority  and  influence  of  the  President,  owing  to  his 
control  of  our  foreign  relations  and  his  exercise  of  the 
right  to  negotiate  treaties.  This  was  illustrated  in  1919, 
when  President  Wilson  took  a  leading  part  in  the  Peace 
conference  at  Versailles,  France.  He  was  largely  instru- 
mental in  inducing  the  conference  to  agree  to  the  forma- 
tion of  a  League  of  Nations,  and  the  adoption  of  a  League 
covenant,  for  the  prevention  of  future  wars.  In  due  time 
the  League  of  Nations  was  organized,  and  more  than 
forty  nations  entered  it,  including  all  of  those  that  were 
associated  with  the  United  States  in  the  war  against  Ger- 
many. The  first  meeting  of  the  representatives  of  the 
League  was  held  in  Geneva,  Switzerland,  in  November, 
1920. 

But  the  Versailles  treaty,  by  which  the  League  was 
created,  was  rejected  by  the  Federal  Senate.  For  that 
reason  the  United  States  did  not  become  a  party  to  it, 
although  it  was  ratified  by  all  the  other  nations  interested. 

14.  The  Washington  Conference  of  1921. — It  was, 
however,  the  privilege  of  the  next  President,  Warren  G. 
Harding,  to  take  the  official  lead  in  another  peace  project 


The  Presidency  59 

of  real  magnitude.  In  the  summer  of  1921,  with  the 
authority  of  Congress,  he-  issued  an  invitation  to  the 
governments  of  Great  Britain,  France,  Italy  and  Japan 
to  send  delegates  to  an  international  conference  at  Wash- 
ington. The  stated  purpose  of  the  conference  was  to 
agree  on  a  plan  for  the  limitation  of  naval  armaments 
and  also  to  reach  a  friendly  understanding  on  questions 
relating  to  the  Far  East.  One  of  the  Eastern  questions 
concerned  the  future  protection  of  China  from  the  seizure 
of  her  territory.  Another  looked  to  an  agreement  be- 
tween the  United  States,  Great  Britain,  Japan  and  France 
whereby  each  would  be  bound  to  respect  the  island  pos- 
sessions of  the  others  in  the  distant  Pacific.  This  would 
include,  of  course,  our  own  Philippines  and  Hawaii. 
Representatives  of  Holland,  Belgium  and  Portugal,  which 
nations  have  territory  in  the  Pacific,  were  asked  to  send 
representatives ;  and  a  similar  invitation  was  extended 
to  China. 

All  of  the  governments  addressed  accepted  the  invita- 
tion, and  the  conference  assembled  at  Washington  on 
November  12th.  The  American  delegates  were  Charles 
E.  Hughes,  Secretary  of  State,  Senators  Henry  Cabot 
Lodge  and  Oscar  W.  Underwood,  and  Elihu  Root.  On 
the  opening  day,  after  the  President  had  delivered  a 
welcoming  address,  Secretary  Hughes,  who  was  chosen 
chairman  of  the  conference,  created  what  proved  to  be  a 
world  sensation,  by  submitting  in  detail  a  plan  for  a 
"naval  holiday" — that  is,  for  a  suspension  of  new  navy 
building — for  ten  years.  He  also  recommended  a  com- 
pact by  which  Great  Britain,  Japan  and  the  United 
States  would  "scrap,"  or  do  away  with,  sixty  capital 
ships,  finished  and  unfinished,  with  a  total  tonnage  of 
nearly  19,000,000.  The  value  of  the  ships  the  United 
States  alone  promised  to  "scrap"  was  more  than  $250,- 
000,000. 


60  New  Era  Civics 

The  Hughes  plan  had  been  so  worked  out  that  the 
tonnage  of  the  United  States,  Great  Britain  and  Japan 
would  stand  in  the  ratio  of  5  to  5  to  3  when  the  naval 
holiday  was  over.  The  American  and  British  tonnage 
would  thus  be  equal,  while  Japan's  would  be  three-fifths 
as  large.     Italy  and  France  were  allowed  lesser  ratios. 

The  Hughes  plan,  representing  the  views  of  Presi- 
dent Harding,  was  welcomed  all  over  the  world.  After 
some  weeks  of  discussion  it  was  put  in  the  form  of  an 
international  agreement  and  signed  by  all  the  delegates 
concerned.  The  Eastern  questions  afifecting  the  United 
States,  Great  Britain,  Japan  and  France  were  disposed 
of  by  the  negotiation  of  a  four-power  treaty. 

The  Washington  conference,  with  the  United  States 
and  its  President  and  Secretary  of  State  in  the  forefront, 
was  everywhere  hailed  as  a  happy  omen  and  recognized 
as  the  beginning  of  a  series  of  international  parleys  and 
agreements  for  the  preservation  of  world  peace. 

Question  Guide  to  Chapter  IV 

1.  What  four  general  powers  does  the  President  possess,  by 
himself  or  in  conjunction  with  others? 

2.  In  what  important  respect  does  the  President's  service  dififer 
from  that  of  foreign  executives?  How  is  his  term  more  secure 
than  theirs?  Name  the  only  method  by  which  the  President's  power 
can  be  taken  away  by  Congress. 

3.  State  some  of  the  reasons  why'  the  President's  labors  are 
great.  What  was  the  President's  original  salary  and  what  is  it  now  ? 
What  other  provisions  are  made  for  his  maintenance?  Is  there  any 
law  forbidding  the.  President  to  leave  the  country? 

4.  Who  is  the  President's  constitutional  successor?  When  did 
Congress  first  provide  for  the  Presidential  succession  in  the  event 
of  the  death  of  both  the  President  and  Vice  President  within  a 
single  term?  What  officers  were  made  the  successors,  in  turn,  by 
this  law?  State  in  your  own  language  the  objections  to  this  pro- 
vision. 


The  Presidency  61 

5.  When  was  the  present  act  for  the  Presidential  succession 
passed?  Where  did  Congress  then  place  the  right  of  succession, 
next  in  order  to  the  Vice  President,  and  what  qualitications  were 
required  of  the  new  possible  successors? 

6.  How  is  the  President  supposed  to  communicate  with  Con- 
gress? What  is  the  President's  course  when  Congress  asks  him 
for  information?  What  are  the  President's  various  methods  of 
disposing  of  bills  passed  by  Congress?  What  becomes  of  a  bill 
when  the  President  fails  to  act  on  it  in  ten  days,  Congress  being 
still  in  session?  Mention  a  conspicuous  illustration.  What  is  the 
so-called  "pocket  veto"?  Can  the  President  reject  some  items  of 
an  appropriation  bill  and  approve  the  rest?  How  does  the  Wash- 
ington rule  in  this  matter  differ  from  the  rule  in  the  States?  What 
is  a  "rider"  to  an  appropriation  bill? 

7.  To  what  matters  do  the  personal  relations  between  the  Presi- 
dent and  Senators  or  Representatives  generally  refer?  Explain 
the  influence  of  Senators  and  Representatives  in  appointments  to 
office. 

8.  What  important  change  has  taken  place  in  the  method  of 
filling  Federal  offices?  What  was  the  "spoils  system"?  Tell  some- 
thing about  the  struggle  for  "patronage"  in  the  old  days.  What 
famous  reform  reduced  its  evils?  When  was  the  first  Civil  Service 
Reform  law  passed  by  Congress?  What  tragic  event  gave  a  power- 
ful impulse  to  the  movement  ?  When  was  the  National  Civil  Service 
Reform  bill  known  as  the  Pendleton  act  passed? 

9.  What  was  the  general  purpose  of  the  Pendleton  act?  What 
was  the  classified  service,  and  on  what  tests  was  it  based?  To  what 
organization  was  the  administration  of  the  Pendleton  law  intrusted? 
With  what  new  power  did  it  vest  the  President  ?  Under  what  Presi- 
dent was  the  new  system  installed,  and  how  many  minor  offices  were 
affected  by  it  at  the  beginning?  What  man  of  historic  renown  was 
a  member  of  the  National  Civil  Service  commission  in  its  early 
days? 

10.  What  kinds  of  public  officials  are  still  outside  of  the  range 
of  the  classified  service  and  therefore  unaffected  by  the  Civil 
Service  act? 

11.  ^\'hat  has  been  the  public  attitude  toward  Civil  Service  Re- 
form? What  qualifications  has  it  been  the  means  of  bringing  into 
public  employment?  What  is  the  general  theory  underlying  it? 
What  effect  has  it  had  upon  the  President's  labors  and  responsi- 
bilities? 


62  New  Era  Civics 

12.  Name  some  of  the  Presidential  powers  not  already  men- 
tioned. To  what  classes  of  crimes  does  the  President's  pardoning 
power  apply?     What  is  his  share  in  the  making  of  treaties? 

13.  In  what  famous  conference  after  the  World  War  did  Pres- 
ident Wilson  figure?  What  was  the  object  of  the  League  of 
Nations,  and  how  many  nations  joined  it?  What  disposition  did 
the  American  Senate  make  of  the  Versailles  treaty? 

14.  What  was  the  olijcct  of  the  Washington  conference  of 
1921?  What  governments  were  represented?  What  was  Secretary 
Hughes'  plan  for  a  "naval  holiday"?  How  did  it  propose  to 
limit  naval  construction?  What  was  the  effect  on  our  own  naval 
program? 


CHAPTER  V 

THE   CONGRESS 

In  republican  governments  the  legislative  authority  neces- 
sarily predominates. — Alexander  Hamilton. 

1.  The  Popular  Branch. — It  is  not  without  warrant 
that  the  House  of  Representatives  is  called  the  "popular 
branch  of  Congress."  The  Constitution  defines  its  organi- 
zation before  providing  for  the  creation  of  the  Senate, 
the  Executive  and  the  Judiciary.  Of  the  branches  of 
the  Federal  government  the  House  is,  as  it  was  intended 
to  be,  closest  to  the  people. 

This  is  true  not  only  in  the  political,  but  in  the  per- 
sonal sense.  Comparatively  few  citizens  have  business 
or  correspondence  with  the  President,  or  even  see  him 
during  his  term  of  office.  The  members  of  the  Federal 
Senate  are  now  less  remote  from  the  people  than  they 
were  in  the  time  when  they  were  chosen  by  State  Legis- 
latures ;  yet  they  each  represent  the  people  of  an  entire 
State,  with  whom  their  relations  are  far  from  intimate. 
But  the  Representative  in  Congress  is  still,  what  he  has 
always  been,  a  sort  of  locality  envoy  or  delegate  to  the 
seat  of  government.  No  matter  how  populous  the  State 
he  hails  from,  his  district  is  never  so  large  that  he  cannot, 
if  he  is  fairly  diligent,  keep  a  watchful  eye  on  its  public 
sentiment  and  legislative  needs  and  maintain  helpful  rela- 
tions with  many  of  its  individual  voters.  Usually  he  has 
many  personal  acquaintances  among  the  voters  whom  he 

63 


64  New  Era  Civics 

represents,    and    he   may    be   called    a    sympathetic    link 
between  his  home  district  and  the  National  Capitol. 

2.  Fixing  the  House  Representation. — The  number 
of  Representatives  in  the  popular  branch  is  largely  deter- 
mined every  ten  years  by  the  total  number  of  inhabitants, 
as  revealed  by  the  preceding  United  States  census.  After 
each  census,  generally  in  the  year  following,  Congress 
takes  note  of  the  new  enumeration  of  inhabitants  and 
decides  how  many  shall  constitute  the  "ratio  of  appor- 
tionment," and  the  figure  thus  agreed  upon  determines 
the  total  number  of  Representatives.  This  ratio  is  the 
average  number  of  inhabitants  that  shall  go  to  make  up 
each  Congressional  district.  The  Congressional  district 
may  be  a  single  county,  a  part  of  a  very  populous  county 
like  New  York  county,  or  a  group  of  small  counties. 

In  the  Constitution  no  rule  is  laid  down  regarding 
the  ratio  of  apportionment  excepting  that  there  shall  not 
be  more  than  one  Representative  for  every  thirty  thou- 
sand inhabitants,  and  that  every  State,  no  matter  what 
number  of  people  reside  within  its  borders,  shall  have  at 
least  one  Representative.  In  the  absence  of  an  official 
census,  and  to  give  the  system  a  start,  it  was  decreed 
that  the  First  Congress  should  be  composed  of  sixty-five 
members  and  the  ratio  for  each  of  the  thirteen  States 
was  designated.  It  varied  from  ten  for  Virginia,  then 
the  most  populous  State,  down  to  one  for  little  Rhode 
Island.  On  the  basis  of  a  rough  estimate  of  the  popula- 
tion in  1787,  this  was  approximately  a  ratio  of  one  Repre- 
sentative to  every  61,000  inhabitants. 

The  First  Federal  census  returns  in  1790  showed 
something  less  than  4,000,000  people.  The  apportionment 
ratio  determined  upon  by  the  First  Congress  was  33,000, 
and,  making  allowance  for  the  slaves,  each  of  whom 
counted  as  three-fifths  of  a  person,  this  gave  the  Second 


The  Conijress  65 


'& 


Congress,  at  its  beginning,  a  membership  of  105 ;  and 
later  Ohio  was  added  with  one  member.  With  this  early 
ratio  of  33,000  before  us,  we  can  understand  why  it  has 
been  necessary,  with  the  rapid  growth  of  the  country,  to 
increase  the  ratio  every  ten  years  in  order  to  keep  the 
size  of  the  House  within  reasonable  limits.  If  that  first 
ratio  prescribed  by  Congress  had  been  a  fixed  one,  the 
present  representation  in  the  House,  based  upon  a  popula- 
tion of  more  than  a  hundred  million,  would  exceed  three 
thousand  members. 

In  the  first  thirty  years  of  our  history,  when  there 
was  still  considerable  leeway  for  growth  in  the  House, 
the  increase  in  the  ratio  was  slow.  After  the  Fourth 
Federal  census  in  1820,  the  new  ratio  was  only  40,000, 
and  this  gave  the  House  213  members.  After  1830  the 
ratio  was  but  47,700,  but  the  heavy  inflow  of  immigration 
in  the  next  twenty  years  made  it  necessary  to  lift  the 
ratio  to  93,000  after  the  Seventh  census  in  1850,  in  order 
to  keep  the  House  membership  down  to  237.  Thereafter 
there  was  a  steady  gain  in  the  ratio  of  apportionment, 
but  the  gain  in  membership  of  the  House  was  relatively 
greater,  because  it  was  increased  by  the  admission  of 
many  new  States.  Owing  to  the  rapid  increase  of  the 
population  of  the  Western  States,  it  has  been  necessary, 
in  order  to  allow  them  their  full  quota  of  representation, 
to  reduce  the  number  of  Representatives  from  some  of 
the  older  States  of  the  East. 

3.  The  Making  of  Congress  Districts. — With  the 
returns  from  a  new  census  before  it.  Congress  decides 
not  only  what  the  membership  of  the  next  House  will  be, 
but  what  number  will  be  assigned  to  each  State.  It  then 
rests  with  the  States,  through  their  Legislatures,  to  re- 
apportion their  Congress  districts  to  meet  the  new  ratio. 
In   this   task  the   Legislatures   are   confronted   with   an 


66 


New  Era  Civics 


obstacle  in  the  shape  of  the  county  boundaries,  for  it  is 
necessary  in  most  cases  to  group  counties  in  making 
Congress  districts.  It  is  impossible  to  divide  any  State 
into  districts  of  the  same,  or  very  nearly  the  same,  size. 
All  that  a  Legislature  which  desires  to  be  fair  can  do  is 
to  group  the  counties,  or  to  divide  the  exceptionally  large 
counties  and  populous  cities,  so  as  to  insure  the  smallest 
possible  variation  in  the  population  of  the  districts. 


Underwood  &  Underwood. 

A  Scene  in  the  House 

The    men    standing    in    front    with    uplifted    arms    are    new    members.      The 
Speaker   is  administering  the  oath  of  office  to  them. 

But  zeal  for  party  success  frequently  leads  the  State 
Legislatures  to  apportion  the  districts  so  as  to  gain 
partisan  advantage.  When  this  political  partiality  is 
carried  to  excessive  lengths,  it  is  called  "gerrymandering." 
This  is  a  word  that  new  voters  will  become  familiar  with, 
through  the  party  press,  whenever  Congress  or  State 
legislative  districts  are  rearranged.     It  has  handed  down 


The  Congress  t7 

to  posterity  the  name  of  one  of  the  grave  Fathers  of  the 
Constitution  in  a  queer  connection.  More  than  a  hundred 
3-ears  ago,  when  Elbridge  Gerry  was  Governor  of  Massa- 
chusetts, there  was  a  redistricting  of  the  State  for  the 
election  of  State  Senators.  The  new  districts  made  a 
curious  network,  and  one  of  them  was  so  grotesquely 
outlined  that  the  critics  of  that  time  likened  it  to  a  sala- 
mander. Governor  Gerry  was  held  responsible  for  the 
reapportionment,  though  some  historians  have  disputed 
the  justness  of  the  charge.  So  the  new  word,  as  tradition 
has  it,  was  coined  from  "Gerry"  and  "salamander,"  and 
it  has  survived  to  our  time  with  a  secure  place  in  the 
dictionaries.  Another  term,  "shoestring,"  is  applied  to 
a  narrow  district  with  abnormally  long  boundaries. 

On  account  of  the  difficulties  in  the  way  of  equal 
apportionment  and  the  disposition  of  Legislatures  to 
gerrymander,  the  populations  of  many  Congress  districts 
are  far  above  and  far  below  the  specified  ratio.  Two 
States,  Nevada  and  'W}oming,  have  populations  below 
the  number  prescribed  for  the  apportionment  ratio. 

4.  The  Sessions  of  Congress. — The  election  of  Sena- 
tors and  Representatives  in  Congress  is  held  in  the 
November  of  every  even  year,  though  several  of  the 
States  were  formerly  accustomed  to  elect  on  other  and 
earlier  dates.  A  Representative  then  elected  begins  his 
two-year  term  and  to  draw  his  salary  on  March  4th  fol- 
lowing. If  a  special  session  of  the  new  Congress  is  called 
his  duty  commences  when  it  assembles.  Such  special  ses- 
sions have  been  the  rule  of  late  years.  The  regular  meet- 
ing day  of  each  Congress,  however,  is  the  first  Monday 
of  December,  and  if  no  special  session  is  called,  the  new 
Congressman  does  not  begin  actual  service  until  thirteen 
months  after  his  election.  The  first  regular  session  of 
each  Congress  is  called  "the  long  session,"  because  it  is 


68 


New  Era  Civics 


prolonged  according  to  the  volume  and  importance  of 
the  business  before  it.  But  the  second  session  is  the 
short  one  because,  although  it,  too,  begins  its  regular 
session  in  December — the  second  December  of  a  Repre- 
sentative's service — it  expires  by  limitation  on  March  4th 
following. 

It   is   a    peculiarity   of   the    short   regular   session  of 
Congress  that  it  is  always  held  after  the  people  have 


CUnedinst  Studio. 


The  President  and  Congress 


President    Harding    delivering   his    first    message    at    a   joint    session    of   the 
House   and  the   Senate.     Seated  behind  him   are   the  Vice   President   and  the 

Speaker  of  the  House. 


elected  another  House  of  Representatives  and  a  part  of 
another  Senate,  and  as  a  result  it  sometimes  happens  that 
the  party  in  control  of  the  House  or  Senate,  or  both,  at 
the  short  session,  shapes  legislation  after  incurring  defeat 
at  the  polls.  This  was  the  situation  during  the  short 
session  of  1918-19,  when  the  Democrats  still  controlled 


The  Congress  69 

both  branches  of  Congress,  though  a  RepubHcan  Con- 
gress had  been  elected  in  the  preceding  November. 

5.  House  Organization  and  Speakership. — When  a 
newly  elected  House  assembles  its  hrst  important  duty 
is  to  organize  by  the  choice  of  Speaker,  Clerk,  Sergeant- 
at-Arms  and  other  officers.  The  seats  of  members  were 
formerly  drawn  by  lot,  but  this  custom  was  abandoned 
in  1913,  when  the  desks  were  removed  from  the  hall, 
and  members  now  sit  where  they  please,  the  main  aisle 
separating  the  parties.  In  the  past,  contests  for  the 
Speakership,  either  in  the  caucus  or  on  the  floor  of 
the  House,  usually  excited  lively  interest  throughout  the 
country.  But  those  were  days  when  the  Speaker  was 
a  far  more  powerful  official  than  he  is  now.  So  great 
was  the  authority  formerly  vested  in  the  Speaker  that 
one  of  the  keenest  and  fairest  English  students  of  our 
political  system  and  customs,  James  Bryce,  has  recorded 
the  opinion  that  this  officer  wielded  a  power  "which  in 
the  hands  of  a  capable  and  ambitious  man  becomes  so  far 
reaching  that  it  is  no  exaggeration  to  call  him  the  second, 
if  not  the  first,  political  figure  in  the  United  States." 

This  exceptional  power  of  the  Speaker  was  derived 
from  three  sources.  He  appointed  all  the  committees  of 
the  House ;  he  was  chairman  of  the  Committee  on  Rules, 
which  controlled  the  legislative  procedure  and  program, 
and  he  had  the  right  to  recognize  members  for  motions 
or  resolutions,  or  in  debate,  which  he  still  retains.  In 
1890  the  power  of  the  Speaker,  already  great,  was 
strengthened  by  new  House  rules.  But  in  1910,  during 
the  Speakership  of  Joseph  G.  Cannon  of  Illinois,  there 
was  a  revolt  of  so-called  Republican  insurgents,  who 
were  joined  by  Democrats,  against  what  was  considered 
the  Speaker's  despotism.  The  immediate  effect  was  a 
limiting  of  the  Speaker's  authority ;  and  in  the  following 


70  New  Era  Civics 

year  a  revolution  of  the  House  rules  was  completed, 
whereby  the  Speakership  was  shorn  of  its  most  sweeping 
powers. 

By  this  memorable  reform  the  House  took  into  its 
own  hands  the  right  to  designate  the  members  of  the 
various  committees,  including  the  powerful  Committee 
on  Rules,  which  was  materially  enlarged.  Under  the 
new  system,  which  is  likely  to  survive,  a  committee  is 
authorized  by  the  majority  party  to  nominate  for  its 
approval  the  chairmen  of  the  various  committees  and 
also  its  allowance  of  committee  members.  Through  the 
minority  leader  the  minority  party  names  the  committee 
assignments  allowed  to  it.  A  safe  majority  of  the 
members  of  each  committee  is  insured  to  the  party  in 
power. 

6.  The  House  Rules. — By  virtue  of  the  radical  change 
here  described,  the  Speakership  is  now  clothed  with  only 
a  remnant  of  its  former  powers.  The  office  is  still  one 
of  honor  and  dignity,  but  its  functions  are  simply  those 
of  a  presiding  officer.  He  rules  on  all  points  of  order, 
and  he  retains,  of  course,  his  former  right  of  giving  pre- 
cedence when  two  or  more  members  claim  a  right  to  the 
floor  for  motions  or  remarks.  Even  when  only  one  mem- 
ber seeks  recognition,  the  Speaker,  as  formerly,  if  he  is 
unaware  of  the  member's  purpose,  inquires :  "For  what 
purpose  does  the  gentleman  rise?"  This  is  in  the  interest 
of  orderly  procedure. 

There  are  times,  however,  when  the  Speaker  ceases  to 
be  presiding  officer.  That  is  when  the  House  transforms 
itself  into  a  "Committee  of  the  Whole"  (i.  e.,  a  committee 
of  all  the  House)  to  consider  revenue  and  appropria- 
tion bills  in  detail.  On  such  occasions  the  Speaker  leaves 
the  chair  after  calling  upon  a  member  to  take  his  place 
and  to  serve  as  chairman  of  the  committee ;  and  when 


The  Congress 


71 


the  committee  finishes  its  work  the  Speaker  resumes  his 
post.  At  these  sessions  greater  latitude  for  speech- 
making-  is  allowed  the  members. 

The  rules  of  the  House  are  less  favorable  to  debate 
than  those  of  the  Senate.     One  broad  distinction  that 


liruuu  Kros. 


The  Congressional  Library 


may  be  drawn  between  the  methods  of  the  two  branches 
of  Congress  is  that  the  House  is  the  home  of  action  and 
the  Senate  the  home  of  discussion  and  review.  It  must 
be  apparent  to  all  that  in  a  legislative  body  of  several 
hundred  members,  it  is  essential  to  limit  debate  and  to 
regulate  the  legislative  process  by  strict  system  if  its 
work  is  to  be  done  on  a  business-like  basis.  Hence  the 
House   rules   provide   for  a   scientific  order   of  business 

which  must  be  strictlv  followed  from  dav  to  day.     It  has 

6  -  '  ■' 


72  New  Era  Civics 

been  stated  that  in  some  sessions  less  than  one-fiftieth 
of  the  bills  introduced  in  Congress  are  finally  converted 
into  law.  Naturally  enough,  most  of  them  originate  in. 
the  House,  which  would  be  swamped  if  some  orderly 
method  of  disposing  of  them,  and  of  sifting  the  good 
from  the  bad  or  doubtful,  were  not  followed. 

7.  The  Committee  Workshops. — It  is  by  the  agency 
of  the  committees  that  the  House  is  able  to  work  its  way 
through  the  giant  accumulation  of  new  bills.  Legislation 
in  the  House  is  to  a  great  extent  committee  legislation. 
There  are  more  than  sixty  committees  in  the  House,  and 
these  are  the  mills  that  turn  out  the  grist  for  the  finishing 
operations  of  the  main  legislative  body.  As  the  House 
is  to  a  far  less  extent  than  the  Senate  a  parliamentary 
forum,  the  House  committees  play  a  relatively  more  im- 
portant part  in  the  actual  work  of  legislation  than  do 
those  of  the  Senate. 

The  two  leading  committees  of  the  House  are  the 
Ways  and  Means  committee  and  the  Appropriations 
committee.  Of  almost  equal  prominence  and  power  are 
committees  on  Interstate  and  Foreign  Commerce  and  on 
the  Judiciary.  Measures  designed  for  the  raising  of 
revenue  are  intrusted  to  the  Ways  and  Means  commit- 
tee, while  most  of  those  relating  to  the  immense  dis- 
bursements by  the  government  are  prepared  by  the 
Appropriations  committee.  The  Ways  and  Means  com- 
mittee can  boast  a  special  distinction  and  authority 
because  it  takes  the  first  step  in  the  exercise  of  the  special 
power,  given  to  the  House  by  the  Constitution,  of  origi- 
nating revenue  bills.  While  the  Appropriations  com- 
mittee is  its  close  rival,  assignments  to  Ways  and  Means 
have  generally  been  regarded  as  the  first  prizes  of  com- 
mittee service,  and  its  chairman  has  generally  been  recog- 
nized as  the  floor  leader  of  the  majority  party. 


The  Cono^ress  7Z 


't3 


As  to  the  other  committees,  their  relative  importance 
depends  from  time  to  time  upon  the  operations  of  gov- 
ernment, the  varying  activities  of  the  several  departments 
and  the  degree  of  public  interest  in  special  legislative 
policies  of  Congress.  It  can  readily  be  understood  that 
during  our  war  with  Germany  the  committees  on  Military 
Affairs  and  on  Naval  Affairs  in  the  two  branches  of  Con- 
gress were  charged  with  exceptionally  large  authority 
and  grave  responsibilities, 

THE  NATIONAL  BUDGET 

8.  The  New  Budget  System. — In  the  early  summer 
of  1921  Congress  passed  a  law,  known  as  the  Budget 
and  Accounting  act,  by  which  the  old  methods  of  esti- 
mating the  government's  expenses  for  each  coming  year, 
and  of  preparing  the  appropriation  bills  for  meeting  such 
expenses,  were  radically  changed. 

Under  the  old  system,  seven  House  committees,  in 
addition  to  the  general  Appropriations  committee,  were 
charged  with  the  duty  of  framing  appropriation  bills  for 
departments  of  the  government,  such  as  the  War,  Navy, 
Postoffice  and  Agriculture  departments ;  or  for  special 
public  purposes,  such  as  the  improvement  of  rivers  and 
harbors.  These  committees  based  their  claims  for  appro- 
priations on  their  own  "estimates"  of  the  sums  required 
by  the  various  departments  which  they  represented.  The 
general  Appropriations  committee  made  estimates  of  all 
government  needs  not  covered  by  the  estimates  of  the 
seven  other  committees.  All  these  estimates,  when  finally 
worked  out,  were  put  in  the  shape  of  appropriation  bills 
and  then  reported  to  the  House  for  discussion  and  adop- 
tion. 

Thus  the  task  of  calculating  the  money  requirements 
of  the  government  was  divided  among  eight  separate  and 


74 


New  Era  Civics 


independent  committees.  These  appropriation  bills  had 
to  be  passed  not  only  by  the  House,  but  also  by  the 
Senate,  and  signed  by  the  President,  before  the  money 
could  be  expended  by  the  government.  The  items  of 
the  various  bills  were  often  changed,  after  they  had  left 
the  committees,  by  amendments  in  either  branch  of  Con- 
gress. But  the  reports  and  recommendations  of  the 
committees  had  a  great  deal  to  do  with  determining 
the  size  of  the  government's  expenditures.     Each  of  the 


Uadenvuud  &  Uuderwood. 


Behind  the  Scenes 


The  catalogue  room  of  the  magnificent  Congressional  Library.  All  the  usual 
departments  that  make  up  a  great  city  library  are  here,  expanded  to  meet 
the  special  needs  of  the  national  capital.  Here  publications  of  all  periods, 
lands  and  kinds  are  found.  In  the  above  workshop  100,000  books  from  all 
over  the  world  are  catalogued  every  year. 

minor  committees  that  reported  appropriation  bills  was 
naturally  eager  to  make  liberal  provisions  for  the  depart- 
ment it  represented,  without  much  regard  to  the  demands 
of  the  other  committees  or  to  the  government's  probable 
income  from  taxation. 

It  was  a  haphazard,  go-as-you-please  system.     It  en- 
couraged   extravagance,    because    each    committee    was 


The  Cong:ress  75 


'fe 


more  interested  in  making  a  good  showing  for  its  depart- 
ment than  in  keeping  down  the  estimates  and  Hmiting 
the  expenditures. 

After  the  close  of  the  World  War,  when  the  appro- 
priations of  Congress  had  exceeded  all  previous  volumes, 
a  strong  agitation  developed  for  a  more  business-like, 
economical  system  of  estimating  the  government's  needs 
from  year  to  year,  and  in  framing  the  appropriation  bills. 
Great  financial  experts  went  on  record  with  the  opinion 
that  the  appropriation  methods  of  Congress  were  slipshod 
and  wasteful.  It  was  their  judgment  that  some  strong 
central  authority  should  be  created  which  would  have 
control  of  the  estimates  for  all  the  departments,  survey 
the  whole  field  of  expenditure  for  itself,  strike  a  right 
balance  between  the  claims  of  the  departments  for  funds, 
and  keep  all  appropriations  down  to  the  lowest  possible 
limits. 

9.  The  Bureau  of  the  Budget. — The  sequel  of  this 
agitation  was  National  Budget  Reform.  The  Budget  and 
Accounting  law  of  1921  established  a  Bureau  of  the 
Budget  in  the  Treasury  department,  with  a  Director  and 
Assistant  Director  at  its  head.  Under  the  new  system 
it  is  the  duty  of  the  Director  to  investigate  thoroughly 
the  afifairs  of  all  the  departments.  In  the  performance 
of  this  task  he  has  at  his  command  all  the  government's 
records  showing  its  income  and  expenditure  for  the  pass- 
ing year.  The  departments  are  required  to  compile  for  his 
use  careful  estimates  of  their  needs  for  the  year  to  come. 

With  all  this  information  before  him  the  Director 
proceeds  to  make  his  budget.  This  budget  is  a  very  care- 
ful general  estimate,  setting  forth,  item  by  item,  the 
entire  volume  of  appropriations  necessary  for  the  govern- 
ment's support  in  the  next  fiscal  year,  as  it  is  called.  The 
budget  provides  for  the  proper  division  of  funds  among 


"7^  New  Era  Civics 

all    the    departments,    according   to   the    Director's   best 
judgment   of  their  respective  needs. 

The  ^scal  year  covered  by  the  Director's  estimates, 
or  budget,  is  the  government's  financial  year,  or  the 
twelvemonth  by  which  the  government's  financial  trans- 
actions are  reckoned.  Unlike  our  calendar  year,  the 
fiscal  year  begins  on  July  1st  and  ends  on  the  following 
June  30th. 

It  is  expected  that  in  his  great  work  the  Director  will 
be  influenced  by  no  motive  or  desire  save  that  of  pro- 
ducing a  methodical,  reliable,  business-like  report  of  the 
government's  financial  needs. 

When  the  Director's  annual  task  is  accomplished,  his 
report  goes  to  his  official  chief,  the  Secretary  of  the 
Treasury.  The  Secretary  transfers  it  to  the  President, 
and  the  President  sends  it  to  Congress. 

The  new  system  is  sometimes  called  the  Executive 
tudget,  because  the  President  for  the  first  time  takes  a 
hand  in  the  preparation  of  appropriation  bills.  Formerly 
his  only  authority  in  this  connection  was  his  right  to  veto 
such  bills  when  enacted  by  Congress.  This  right  was 
rarely  used,  because  the  veto  of  an  appropriation  bill 
might  cripple  the  operations  of  the  government. 

General  Charles  G.  Dawes  of  Illinois,  appointed  by 
President  Harding,  was  the  first  Budget  Director.  Soon 
after  taking  office  he  said :  *T  am  the  eyes  and  ears  of 
the  President."  This  figure  of  speech  well  expressed  the 
nature  of  his  functions. 

Before  it  becomes  a  law  the  budget  must  be  adopted 
by  Congress.  In  turning  over  to  a  bureau  in  one  of  the 
executive  departments  the  duty  of  shaping  the  annual 
budget.  Congress  did  not,  and  could  not  under  the  Con- 
stitution, give  up  its  right  of  making  all  appropriations 
bv  legislative  acts.     It  still  retains  the  power  to  alter 


The  Consress  77 


't3 


the  budget  as  it  pleases.  It  can  accept  all  the  Director's 
items,  or  it  can  accept  some,  reject  some  and  add  others. 
The  budget  is  therefore  a  carefully  constructed,  scientific 
chart  lor  the  guidance  of  Congress.  But  Congress  will 
doubtless  be  impelled  to  respect  the  recommendations  of 
the  Budget  Bureau  and  to  be  influenced  by  them  in  its 
policy  of  expenditures. 

The  budget,  when  it  reaches  the  House,  is  referred 
to  the  general  Appropriations  committee  for  considera- 
tion, discussion  and  a  report.  This  committee  has  been 
enlarged,  and  it  is  now  the  only  House  committee  charged 
with  the  duty  of  reporting  appropriation  bills.  In  the 
Senate  the  duty  of  reporting  on  the  budget  is  performed 
by  its  own  Appropriations  committee. 

THE  LEGISLATIVE  MILL 

10.  Tracing  the  Progress  of  a  Bill. — The  House  com- 
mittees wield  a  large  power  over  legislation  in  its  early 
stages.  When  it  is  stated  that  as  many  as  45,000  bills 
have  been  introduced  in  a  single  two-years  term  of  the 
House,  we  can  form  some  idea  of  the  magnitude  of 
the  task  assigned  to  the  committees. 

This  is  the  story  of  a  bill  introduced  in  the  House : 
The  bill  is  first  dropped,  let  us  say,  by  Mr.  X  into  a 
basket  on  the  Clerk's  desk  known  as  "the  hopper."  The 
Speaker's  clerk  goes  through  the  batch  of  new  bills,  and 
assigns  the  X  bill  to  the  appropriate  committee.  The 
bill  is  numbered  and  proper  records  are  made  of  its 
introduction,  and  the  bill  is  sent  to  the  Government  Print- 
ing Of^ce,  where  a  number  of  copies  of  it  are  struck  off. 
The  copies  are  deposited  in  the  Document  room  of  the 
House,  where  they  are  procurable  by  the  members.  The 
committee  considers  the  bill  at  one  of  its  meetings,  and 
decides  either  to  report  it  in  its  original  form  or  to  report 


78 


New  Era  Civics 


it  with  amendments.  Sometimes  extensive  hearings  on 
the  bill  are  accorded  its  friends  and  opponents.  After  the 
committee  has  approved  the  X  bill  either  with  or  with- 
out amendments,  it  is  reported  to  the  House,  with  a 
recommendation  that  it  be  passed.  The  Clerk  receives 
it,  and  refers  it  and  the  report  to  the  House  calendar. 

If  it  is  a  public  bill  involving  the  raising  of  revenue  or 
an  appropriation  of  money,  it  is  referred  to  the  "Calendar 


Harris  &  Ewing. 


One  of  the  Workshops 

A  committee  of  Congress  listening  to  arguments  for  and  against  a  proposed 

bill. 

of  the  Committee  of  the  Whole  House  on  the  State  of 
the  Union."  If  it  is  an  ordinary  public  bill  it  goes  to 
the  House  calendar,  and  if  a  private  bill  to  the  private 
calendar.  More  records  of  it  are  now  made,  and  if  it 
has  been  amended  in  committee,  another  batch  of  copies 
is  printed  carrying  the  calendar  number  and  showing  the 
proposed  amendments. 

Various  are  the  ways  provided  by  the  House  rules 
for  taking  up  a  bill  once  it  is  on  a  calendar,  depending 
upon  its  nature,  whether  privileged  or  not.     It  may  be 


The  Congress  79 


taken  up  by  unanimous  consent ;  it  may  be  called  up  on 
Calendar  Wednesday  by  direction  of  the  committee  re- 
porting it;  it  may  be  passed  under  suspension  of  the 
rules;  it  may  come  up  on  certain  days  if  it  is  a  private 
bill ;  or  it  may  take  precedence  over  other  bills  if  it  is  an 
appropriation  or  revenue  bill.  If  in  the  view  of  the  Rules 
committee,  the  bill  deserves  prompt  and  special  considera- 
tion, that  committee  may  bring-  in  a  rule  for  its  immediate 
consideration  and  prescribe  the  terms  under  which  it 
may  be  considered,  overriding  all  rules  save  the  rule  for. 
a  motion  to  recommit — that  is,  to  return  it  to  the  com- 
mittee. Ordinarily  the  duration  of  the  debate  is  deter- 
mined by  the  importance  of  the  measure.  The  discussion 
is  generally  opened  by  the  chairman  of  the  committee 
in  charge,  and  unless  a  specified  time  has  been  set  for 
debate,  it  is  ended  by  a  motion  for  the  "previous  ques- 
tion"— that  is,  for  an  immediate  vote. 

The  X  bill  being  passed,  that  fact  is  certified  by  the 
Clerk  of  the  House,  and  the  certified  copy  is  carried  by 
him  to  the  Senate,  where  it  is  received  by  the  Vice  Presi- 
dent and  by  him  referred  to  the  Senate  committee  having 
authority  over  the  subject  matter.  Here  it  undergoes 
another  process  of  examination.  The  Senate  committee, 
in  turn,  is  at  liberty  to  shelve  or  "pigeon-hole"  it,  to 
approve  as  it  stands,  or  to  make  amendments  of  its  own. 
If  approved  or  amended  the  X  bill  is  reported  in  due 
time  to  the  Senate.  If  passed  by  that  body  it  is  returned 
to  the  House.  If  the  bill  has  been  amended  by  the  Senate 
and  the  House  accepts  the  amendment,  that  ends  the 
matter,  and  the  bill  is  signed  by  the  Speaker  and  the  Vice 
President  and  is  presented  by  the  Committee  on  Enrolled 
Bills  to  the  President  for  his  approval  or  rejection,  as 
the  case  may  be.  But  if,  on  the  other  hand,  the  House 
disagrees  to  the  Senate  amendments,  the  Senate  is  so 


80  New  Era  Civics 

informed,  and  if  it  still  insists  upon  its  amendments,  each 
branch  appoints  representatives  to  a  joint  conference  com- 
mittee, which  is  charged  with  the  duty  of  compromising 
the  differences  between  the  two  bills.  The  committee 
nearly  always  reaches  an  agreement,  and  its  report  is 
almost  invariably  confirmed  by  the  vote  of  the  two 
branches. 

This  is  an  outline  of  the  progress  of  an  ordinary 
measure  to  final  adoption.  In  the  case  of  bills  of  major 
importance,  as  for  example,  a  general  tariff  bill,  both 
House  and  Senate  committee  in  charge  of  such  legislation 
hold  public  hearings  for  the  discussion  of  the  legislation 
in  hand,  and  listen  to  arguments  for  or  against  the 
measure,  from  citizens  who  may  favor  or  oppose  its 
passage.  It  sometimes  happens  that  the  Senate  and 
House  committees  are  far  apart  in  their  final  conclusions 
as  to  the  details  of  grave  measures,  and  in  such  cases  a 
heavy  responsibility  is  intrusted  to  the  conference 
committee. 

11.  How  Time  is  Economized. — The  X  bill  has 
smooth  sailing  compared  with  the  great  mass  of  bills 
submitted.  Much  of  the  time  of  the  committee  is  given 
to  the  rejection  of  bills,  and  the  committee  rooms  are, 
as  has  been  intimated,  the  graveyards  of  a  very  heavy 
percentage  of  the  Congress  offerings.  But  once  a  bill 
escapes  from  the  committee  into  the  House,  it  is  disposed 
of  with  clock-like  precision  and  promptness. 

It  was  not  always  thus.  There  was  a  time  when  the 
minority  of  the  House  was  armed  with  effective  weapons 
for  impeding  and  prolonging  debates  on  partisan  legis- 
lation, particularly  by  refusing  to  vote  and  leaving  the 
House  without  a  quorum  on  the  roll  call.  This  dilatory 
process  was  called  "filibustering."  Its  effectiveness  de- 
parted in  1890,  when  under  the  ruling  of  the  Speaker  any 


The  Congress  81 

member  within  the  chamber  and  not  voting  could  be 
counted'as  forming  a  part  of  the  quorum.  Members  could 
not  escape  the  new  rule  by  remaining  away  from  the 
session,  as  the  Sergeant-at-Arms  was  empowered  to  bring 
them  to  the  bar  of  the  House,  where  the  Clerk's  tally 
would  do  the  rest.  There  is  no  longer  any  room  for  the 
strategic  delay  of  a  vote  in  the  House,  though  the  Senate, 
as  will  be  noted,  still  permits  a  generous  leeway  in  that 
regard. 

While  the  House  rules  are  usually  pretty  rigid,  they 
are  sometimes  relaxed  for  urgent  reasons.  As  a  matter 
of  courtesy,  and  if  no  objection  is  made,  a  member  is 
occasionally  permitted  to  call  for  the  consideration,  out- 
side of  the  regular  order,  of  an  emergency  measure  in 
which  he  is  interested.  Again,  the  regular  order  is  now 
and  then  interrupted  to  give  one  of  the  important  com- 
mittees an  opportunity  for  action  upon  some  pressing 
measure.  There  are  certain  days,  moreover,  on  which 
the  rules  can  be  suspended  by  a  two-thirds  vote  for  the 
passage  of  bills. 

IN  THE  UPPER  BRANCH 

12.  The  Senate. — One  of  the  respects  in  which  the 
Senate  differs  from  the  House  is  that  the  terms  of  service 
of  all  its  members  do  not  end  on  the  same  day.  While 
each  Senator  is  elected  for  six  years,  at  the  beginning 
of  the  government  the  Constitution  provided  that  the 
Senators  first  elected  should  be  divided  into  three  classes, 
the  first  class  to  serve  two  years,  the  second  four  years, 
and  the  third  six  years ;  and  that  all  classes  were  there- 
after to  be  chosen  for  the  full  term  of  six  years.  This 
original  grading  of  the  terms  was  in  order  to  get  in 
motion  a  system  under  which  only  one-third  of  the  mem- 
bers would  be  elected  every  two  years.    In  other  words, 


82 


New  Era  Civics 


the  plan  was  to  guard  against  the  ending  of  the  terms 
of  all  the  Senators  on  the  same  day.  The  purpose  of  its 
framers  was  to  make  the  Senate  a  distinctively  conserva- 
tive and  deliberative  body.  With  this  object  in  view  the 
Senators  were  given  longer  terms  than  the  Representa- 
tives ;  and  the  minimum  age  limit  for  Senators  was  put  at 
thirty  years  as  against  the  twenty-five  years  minimum 


Statuary  Hall  in  the  Capitol 

for  Representatives.  Operating  to  the  same  end  was 
the  arrangement  whereby  two-thirds  of  the  Senators  are 
always  holding  over  when  the  term  of  a  new  House  of 
Representatives  begins.  This  insures  a  certain  continuity 
of  service  on  the  part  of  two-thirds  of  the  Senate,  though 
the  fixed  terms  of  all  the  Representatives  regularly  expire 
on  March  4th  of  every  odd  year. 

The  expirations  of  the  terms  of  Senators  are  so  timed 
that  every  even  year  the  people  of  one-third  of  the  States 
elect  Senators  to  take  their  seats  on  March  4th  following. 


The  Consfress  83 


't> 


Should  the  seat  of  a  Senator  be  left  vacant  by  any  cause, 
the  Constitution  requires  the  Governor  of  the  State 
concerned  to  call  a  special  election  for  the  filling  of 
the  vacancy,  unless  he  is  empowered  by  the  Legislature 
to  make  a  temporary  appointment  of  a  Senator  until  such 
time  as  the  Legislature  may  direct. 

In  order  to  avoid  the  expense  of  a  special  election, 
it  is  the  custom  of  Legislatures  to  authorize  the  Governor 
to  fill  vacancies  until  the  next  regular  election.  In  such 
cases  it  may  happen  that  the  people  of  a  State  elect  two 
Senators  on  the  same  election  day ;  but  only  one  of  them 
is  chosen  for  the  full  term  of  six  years,  while  the  other 
is  chosen  for  the  unexpired  term  of  the  Senator  whose 
seat  was  vacated.  It  should  here  be  observed  that  where 
a  vacancy  occurs  in  the  House  of  Representatives,  it  can- 
not be  filled  temporarily  except  by  a  special  election  called 
by  the  Governor. 

13.  The  Senate's  Triple  Function. — Seats  in  the 
Senate  are  highly  prized  not  alone  for  their  honor  or 
dignity,  or  because  its  membership  is  relatively  small  and 
select  and  represents  the  important  State  units,  but  also 
because  the  body  is  charged  with  peculiar  responsibilities. 

We  have  seen  that  the  President  may,  in  turn,  exercise 
three  kinds  of  civil  power — executive,  appointive,  and, 
through  his  right  of  approval  or  veto,  legislative  power. 
It  has  been  pointed  out  that  the  Senate,  too,  may,  by 
virtue  of  its  constitutional  privileges,  perform  triple  func- 
tions. With  the  House  it  legislates.  With  the  President 
it  takes  part  in  the  executive  process  of  making  appoint- 
ments to  office  and  completing  treaty  agreements. 
Finally,  when  the  occasion  arises,  it  can  assume  a  judicial 
authority  by  sitting  as  a  Court  of  Impeachment  when  the 
President  or  other  Federal  officers  are  formally  accused 
by  the  House  of  "high  crimes  and  misdemeanors." 


84  New  Era  Civics 

14.  The  Senate's  License  of  Debate. — Legislation 
follows  the  same  general  course  in  the  Senate  as  in  the 
House,  up  to  the  time  it  is  favorably  reported  by  the 
committees.  The  Senate  committees  until  recently  were 
more  numerous  than  those  of  the  House,  and  there  are 
some  differences  in  the  titles  of  the  corresponding  com- 
mittees of  the  two  bodies.  On  the  whole  there  is  little 
difference  in  their  committee  dealings  with  bills.  But 
when  the  legislative  stage  proper  is  reached  in  the  Senate, 
its  parliamentary  methods  are  in  striking  contrast  with 
those  of  the  House. 

As  a  deliberative  body,  the  Senate,  unlike  the  House, 
has  clung  to  a  code  of  rules  allowing  large  latitude  of 
discussion.  Up  to  a  recent  period,  a  Senate  majority, 
no  matter  how  large,  was  powerless  to  force  a  bill  to 
passage,  if  a  mere  handful  of  Senators  was  disposed  to 
resist  and  to  take  full  advantage  of  their  parliamentary 
privileges.  There  was  no  way  of  moving  the  "previous 
question,"  as  in  the  House,  because  the  Senate  had  always 
deemed  it  an  essential  safeguard  of  its  independent  and 
conservative  status  to  maintain  unlimited  freedom  of 
discussion.  By  adhering  to  this  rule,  it  has  occasionally 
caused  serious  embarrassment.  Not  a  few  times  since  the 
Civil  War  rebellious  Senators  have  blocked  the  passage 
of  important  bills  in  the  closing  hours  of  a  session  by 
the  simple  process  of  talking  them  to  death. 

Cases  are  on  record  where  one  Senator  with  this  object 
in  mind  kept  the  floor  for  from  ten  to  fifteen  or  more 
hours,  killing  time  by  reading  passage  after  passage  of 
irrelevant  matter  from  books  or  pamphlets,  until  the  clock 
pointed  to  the  hour  for  final  adjournment,  or  until  his  fel- 
low Senators,  in  sheer  weariness,  consented  to  abandon  the 
bill.  From  time  to  time  Senators  who  had  no  sympathy 
with  this  rigid  system  have-  urged  the  adoption  of  a  rule 


The  Congress  85 

permitting  a  Senate  "cloture,"  or  closing  of  debate,  in 
urgent  cases;  but  all  such  efforts  were  unavailing  until 
a  flagrant  exercise  of  this  power  of  obstruction  by  a  small 
minority  stirred  the  indignation  of  the  country  and  con- 
vinced a  majority  of  the  Senate  that  the  time  had  come 
for  a  modification  of  its  rules. 

15.  Cloture  in  the  Senate. — Toward  the  end  of  the 
short  session  of  1916-17  and  after  Germany  had  an- 
nounced her  policy  of  submarine  terrorism,  the  President 
asked  Congress  for  authority  to  arm  American  mer- 
chantmen for  defense  against  undersea  attacks.  A  great 
majority  of  the  members  of  both  branches  of  Congress 
were  ready  and  eager  to  comply,  and  the  necessary  bill 
was  promptly  passed  by  the  House.  In  the  other  branch, 
however,  eleven  Senators,  less  than  one-eighth  of  the 
membership,  determined  to  resist,  and  by  "filibustering" 
and  time-killing  speeches,  they  accomplished  their  pur- 
pose and  "held  up"  the  bill.  Their  act  was  condemned 
by  the  President  and  provoked  bitter  reproaches  from 
press  and  people ;  and  the  sequel  was  a  strenuous  popular 
demand  for  a  change  in  Senate  rules  that  would  prevent 
any  recurrence  of  a  Senatorial  blockade  in  a  grave  and 
critical  time. 

The  result  was  the  adoption  by  the  Senate,  in  1917, 
of  a  parliamentary  rule  of  modified  "cloture."  By  its 
terms  the  Senate  can,  at  any  time,  by  a  two-thirds  vote, 
name  a  day  for  the  summary  ending  of  debate.  When- 
ever the  rule  is  invoked,  a  generous  margin  for  discussion 
is  still  left  to  the  Senate,  inasmuch  as  each  Senator  can 
speak  on  the  bill  for  an  hour.  But  the  merit  of  the 
change  is  that  the  old  license  of  discussion  is  limited 
whenever  a  strong  sentiment  in  the  Senate  favors  that 
course.  Even  with  this  reform  in  force  in  the  Senate, 
its  right  of  thorough  deliberation  is  substantially  pre- 


86  New  Era  Civics 

served,  and  it  is  hardly  probable  that  it  will  return  to  the 
system  of  unlimited  debate  which  marked  its  procedure 
for  over  a  century  and  a  quarter. 

16.  Senate  and  Vice  President. — The  presiding  officer 
of  the  Senate  is  the  Vice  President  of  the  United  States. 
This  office  is  one  of  high  dignity  and  .honor,  and  it  has 
been  held  by  Americans  of  historic  celebrity,  including 
eight  who  succeeded  to  the  Presidency  either  by  election 
or  by  constitutional  right  to  fill  an  accidental  vacancy, 
namely,  John  Adams,  Jefiferson,  Van  Buren,  Tyler,  Fill- 
more, Johnson,  Arthur,  and  Roosevelt. 

The  Vice  President's  service  as  presiding  officer  of 
the  Senate  is  his  sole  official  duty  under  the  Constitution. 
In  that  capacity  he  has  no  share  in  legislation,  except 
in  the  event  of  an  even  division  of  the  Senate  on  a  measure 
or  resolution,  when  he  is  empowered  to  decide  the  ques- 
tion by  casting  his  vote.  He  takes  no  part  in  the  organi- 
zation of  the  Senate  or  in  the  committee  assignments, 
which  have  always  been  within  the  exclusive  province  of 
the  Senate  proper.  There  is  one  case  on  record,  however, 
in  which  the  vote  of  the  Vice  President  determined  the 
committee  appointments.  That  was  in  1881,  when  the 
Senate  was  tied  in  its  division  over  the  party  lists  of 
committeemen,  and  Vice  President  Arthur  voted  for  the 
Republican  list  and  broke  the  tie  in  the  face  of  Democratic 
protests. 

17.  Executive  Sessions. — One  distinctive  rule  of  the 
Senate  calls  for  secret,  or  "executive"  sessions,  for  the 
consideration  of  treaties  and  of  the  President's  nomina- 
tions for  office.  The  theory  underlying  this  custom  is 
that  our  relations  with  foreign  governments  are  often  of 
so  delicate  a  character  as  to  require  confidential  discus- 
sion by  the  ratifying  body ;  and  that  the  personal  fitness 
of  the  President's  appointees  should  be  scrutinized  and 


The  Conirress  87 


't) 


debated  behind  a  similar  screen  of  jDrivacy.  But  in  one 
recent  historic  case  the  Senate  formally  relinquished  the 
right  of  secret  discussion.  When  President  Wilson  sub- 
mitted to  the  Senate  the  treaty  between  the  allied  and 
associated  powers  and  Germany,  in  1919,  the  long  Sena- 
torial discussion  that  followed  was  conducted  in  open 
session  and  reported  by  the  press  of  the  country. 

18.  Compensation  and  Privileges. — Senators  and 
Representatives  in  Congress  draw  the  same  salaries  from 
the  Government — $7,500  per  annum.  In  addition,  each 
member  of  either  branch  is  allowed  mileage  for  each 
session  of  twenty  cents  a  mile  by  the  nearest  railroad 
route  in  journeying  to  and  from  Washington ;  and  each 
has  the  services  of  one  or  more  clerks  who  are  paid  by 
the  government.  In  the  House  each  member  has  an 
allowance  of  $3,200  per  annum  for  clerks.  He  may 
appoint  one  clerk  or  two.  If  he  has  two  clerks  the  allow- 
ance is  divided.  The  names  of  the  clerks  are  entered 
on  the  rolls  as  in  the  case  of  other  House  employes. 

The  Congressional  Record  is  a  publication  containing 
full  reports  of  the  Senate  and  House  debates.  It  is 
printed  daily  when  Congress  is  in  session.  Congress  also 
issues  a  Congressional  Directory,  containing  biographies 
of  its  members  and  other  data. 

Free  stationery  is,  of  course,  among  the  Congress- 
man's perquisites,  and  he  also  enjoys  the  franking  privi- 
lege, whereby  he  can  forward  letters  and  documents  to 
his  constituents  without  postage.  The  Speaker  of  the 
House  is  allowed  an  annual  salary  of  $12,000,  and  in 
that  respect  he  is  on  a  par  with  the  Vice  President. 
Members  of  Congress  enjoy  one  special  immunity,  owing 
to  the  constitutional  decree  that  they  shall  not  be  subject 
to  arrest  while  attending,  or  going  to  or  returning  from, 

a  legislative  session,  except  for  treason,  felony  or  breach 

7 


88  New  Era  Civics 

of  the  peace.  It  is  further  provided  that  they  cannot 
legally  be  held  to  account  elsewhere  for  their  utterances 
in  parliamentary  debate. 

Question  Guide  to  Chapter  V 

1.  What  is  the  House  of  Representatives  often  called?  Why? 
In  what  respect  does  it  dififer  from  the  Federal  Senate? 

2.  What  was  the  basis  for  apportioning  the  number  of  Repre- 
sentatives, as  laid  down  by  the  Constitution?  When  was  the  first 
Federal  census  taken?  What  was  the  population?  What  was  the 
apportionment  ratio  determined  by  the  First  Congress?  Why  was 
it  necessary  to  increase  the  ratio?    Tell  of  the  progress  of  the  ratio. 

3.  What  difficulties  confront  State  Legislatures  in  determining 
Congress  districts?  What  is  the  origin  of  "gerryinandering" ?  How 
do  the  difficulties  and  temptations  of  apportionment  afifect  Congress 
districts? 

4.  When  are  Senators  and  Representatives  chosen?  When  does 
the  term  of  a  Congress  elected  in  a  given  even  year  begin?  When 
does  a  newly  elected  Congress  meet  if  no  special  session  is  called? 
Explain  the  difference  between  the  long  and  short  sessions  of  Con- 
gress. What  is  a  peculiarity  of  the  regular  short  session  following 
an  election?     Give  example. 

5.  What  is  the  first  important  duty  of  the  newly  elected  House  ? 
When  are  candidates  for  its  various  offices  nominated?  Why  was 
the  Speaker's  authority  diminished?  Under  the  new  system,  who 
has  the  authority  to  appoint  committees  and  what  form  of  selection 
is  observed? 

6.  What  are  the  functions  of  the  Speaker  under  this  new  law? 
When  does  the  Speaker  leave  the  chair? 

7.  Through  what  agencies  does  the  House  accomplish  most  of 
its  work?  Name  the  leading  committees  of  the  House?  What  are 
the  chief  functions  of  the  Ways  and  Means  and  the  Appropriations 
Committees? 

8.  When  did  Congress  pass  the  law  for  a  National  Budget? 
How  were  appropriation  bills  formerly  prepared  in  the  House  of 
Representatives?  What  faults  did  the  old  system  reveal?  What 
remedy  did  its  opponents  suggest? 

9.  What  new  system  did  the  Budget  and  Accounting  act  pro- 
vide for?  How  does  the  Director  of  the  Bureau  of  the  Budget 
proceed  in  making  his  budget?    How  would  you  describe  the  budget? 


The  Congress  89' 

What  is  (lone  with  it  when  the  Director  completes  it?  Who  sends- 
it  and  when  is  it  sent  to  Congress?  What  is  the  new  budget  some- 
times called?  What  are  the  rights  of  Congress  regarding  the- 
budget?     What  is  done  with  the  budget  after  it  reaches  the  House? 

10.  Describe  the  way  in  which  a  measure  is  introduced  in  the 
House.  Ha  bill  is  approved,  what  is  the  next  step?  How  is  the 
length  of  debate  determined?  The  X  bill,  having  passed  the  House,, 
what  becomes  of  it?  What  are  the  Senate's  methods  of  treatment? 
H  the  X  bill  is  approved  by  the  Senate  in  amended  form  and  the 
House  accepts  the  Senate's  changes,  what  happens?  In  the  event 
the  House  refuses  to  accept  the  change  in  a  bill  by  the  Senate,  what 
is  the  form  of  procedure?  Ha  bill  of  unusual  importance  is  under 
consideration,  what  course  is  followed? 

11.  What  is  the  meaning  of  "filibustering"?  Is  the  regular 
order  of  presenting  a  bill,  according  to  the  calendar,  ever  changed? 
How  and  why  is  this  done? 

12.  In  what  way  does  the  term  of  service  of  a  Senator  differ 
from  that  of  a  Representative?  For  how  long  a  term  are  Senators 
elected?  Give  minimum  age  limit  of  Senators.  Of  Representatives. 
How  many  of  the  Senators  hold  over  when  a  new  House  is  chosen? 
When  the  seat  of  a  Senator  is  vacated,  how  is  the  vacancy  filled? 
What  is  the  proceeding  when  a  vacancy  occurs  in  the  House  of 
Representatives? 

13.  In  what  way  do  the  powers  of  the  Senate  compare  with 
those  of  the  President?  What  are  the  peculiar  powers  vested  in 
the  Senate? 

14.  In  what  marked  respect  does  discussion  in  the  House  differ 
from  that  in  the  Senate? 

15.  When  was  the  Senate  rule  of  cloture  modified?  Tell  what 
led  to  this  change.  How  is  the  length  of  debate  now  sometimes 
determined? 

16.  Who  is  the  presiding  officer  over  the  Senate?  Name  those 
who  have  succeeded  to  the  Presidency.  What  is  the  Vice  President's 
duty  under  the  Constitution?     When  only  is  he  allowed  a  vote? 

17.  What  is  the  rule  of  the  Senate  in  discussing  treaties  and 
executive,  nominations  for  office  and  what  is  the  reason  for  it? 
In  what  instance  was  the  right  of  secret  discussion  relinquished? 

18.  What  are  the  salaries  of  Senators  and  of  Representatives? 
Give  salary  of  the  Vice  President  and  also  of  the  Speaker  of  the 
House.  What  special  immunity  is  provided  in  the  Constitution  for 
Congressmen? 


CHAPTER  VI 

THE  FEDERAL   JUDICIARY 

It  is  emphatically  the  province  and  duty  of  the  judicial 
department  to  say  what  the  laiv  is. — Chief  Justice  John 
Marshall. 

1.  The  United  States  Supreme  Court. — The  nine 
Justices  of  the  Supreme  Court  are  virtually  appointed 
for  life,  and  are  therefore  not  removable  from  office  dur- 
ing good  behavior.  Like  the  President,  a  Justice  can 
be  impeached,  and  convicted  by  a  two-thirds  vote  of  the 
Senate  for  "treason,  bribery  or  other  high  crimes  or  mis- 
demeanors" ;  but  in  no  other  way  can  his  term  of  service 
be  ended,  save  by  his  death  or  his  resignation. 

Of  all  our  Federal  offices,  the  judges  alone,  including 
those  of  the  minor  courts,  are  thus  favored  by  what  is, 
for  all  practical  purposes,  a  life  term.  After  they  take 
office,  they  are  answerable  to  no  outside  authority ;  and 
as  their  official  tenure  is  not  limited  they  are  not  required 
to  run  the  gauntlet  of  popular  scrutiny,  after  the  manner 
of  Presidents,  Senators  and  Representatives  who  seek  a 
renewal  of  their  trusts.  They  constitute  a  branch  of  the 
government  unrelated  to  any  other  or  to  the  people  by 
ties  of  political  self-interest.  They  are  not  called  upon 
to  deal  with  questions  of  policy.  The  only  duty  of  the 
Supreme  Court  is  to  interpret  the  Constitution,  and  to 
square  with  the  Constitution  the  laws  of  Congress  and 
of  the  States.     It  is  to  encourage  and  enable  its  mem- 

90 


The  Federal  Judiciary  91 

bers  to  perform  that  duty  without  personal  bias  or  the 
fear  of  poHtical  consequences  that  they  are  chosen  to 
serve  without  any  time  Hmitation  and  are  set  aside  in 
an  independent  official  class,  safe  from  interference,  even 
by  the  people. 

2.  Its  Sphere  and  Power. — The  Supreme  Court 
passes  only  on  questions  which  are  brought  before  it 
in  the  regular  judicial  process  by  appeals  from  the  State 
or  lower  Federal  courts.  Early  in  our  history  it  estab- 
lished the  precedent  of  declining  to  give  advice  on 
administrative  or  legislative  problems,  merely  for  the 
assistance  or  gviidance  of  officers  of  the  government. 
Its  jurisdiction  embraces  appeals  in  all  cases  in  law  and 
equity  arising  under  the  Constitution,  the  laws  and  the 
treaties  of  the  United  States,  and  such  other  cases  as 
are  outlined  in  Article  III.  Necessarily  the  questions 
calling  for  its  judgment  cover  a  wide  range.  While  it 
has  no  right  or  desire  to  determine  the  course  of  legis- 
lation or  the  shaping  of  national  policies,  its  decisions 
often  have  the  effect  of  settling  political  issues  which, 
without  its  final  verdict,  would  continue  to  be  a  cause  of 
public  agitation  or  of  partisan  contention. 

Our  court  of  last  resort,  therefore,  wields  an  enormous, 
power  within  its  tranquil  sphere.  No  officer  or  official 
power  in  the  Republic  can  reverse  or  overrule  its  deci- 
sions on  questions  within  its  constitutional  province. 
But  this  is  not  saying  that  a  Supreme  Court  cannot  alter 
the  decisions  of  a  previous  court.  The  personnel  of  the 
tribunal  periodically  changes,  of  course,  by  death  or 
resignation ;  and  on  a  few  occasions  in  our  history  a 
judgment  of  the  court  was  changed  by  a  later  bench 
in  which  new  members  had  turned  the  balance  the  other 
way.  The  expression  "turned  the  balance"  is  appropriate 
because  close  divisions  of  the  Supreme  Court  on  ques- 


92 


New  Era  Civics 


tions  of  the  first  importance  are  by  no  means  uncommon. 
More  than  once  since  the  Civil  War  the  court  has  decided 
grave  issues  by  the  smallest  possible  margin — by  a  vote 
of  five  to  four.  But  it  is  nearly  always  safe  to  assume 
that  an  opinion  to  which  a  majority  of  the  court  sub- 
scribes is  final. 


Harris  J>:  Kwing. 


In   Their  Robes  of  Office 


The  Justices    of   the    Supreme   Court    as   that   body    was   constituted   in    1921, 

.after   the  appointment  of   former  President  Taft  to   succeed  the  late  Edward 

Douglass  White  as  Chief  Justice.     Justice  Taft  is  seated  in  the  center. 

3.  Its  Membership  and  Famous  Justices. — Originally 
the  Supreme  Court  was  composed  of  six  members  by  act 
•of  Congress — a  Chief  Justice  and  five  Associate  Justices — 
but  the  membership  was  increased  to  nine  by  various 
■enactments  of  Congress.  In  view  of  the  life  tenure  of 
-membership,   it   is   not   surprising   that   long  records   of 


The  Federal  Judiciary  93 

service  are  common  in  the  court.  Though  it  was  estab- 
lished in  1789,  only  ten  men  have  held  the  distinguished 
office  of  Chief  Justice.  It  is  well  to  record  their  names 
and  the  duration  of  their  terms,  as  follows :  John  Jay 
of  New  York  (1789-1795)  ;  John  Rutledge  of  South  Caro- 
lina (1795-1795;)  Oliver  Ellsworth  of  Connecticut  (1796- 
1800)  ;  John  Marshall  of  Virginia  (1801-1835)  ;  Roger  B. 
Taney  of  Maryland  (1836-1864);  Salmon  P.  Chase  of 
Ohio  (1864-1873)  ;  Morrison  R.  Waite  of  Ohio  (1874- 
1888)  ;  Melville  W.  Fuller  of  Illinois  (1888-1910)  ;  Edward 
D.  White  of  Louisiana  (1910-1921)  ;  William  H.  Taft  of 
Ohio  and  Connecticut  (1921-).  Of  these.  Chief  Jus- 
tice Rutledge's  services  were  cut  short  by  the  refusal 
of  the  Senate  to  confirm  his  nomination ;  so  that,  strictly 
speaking,  only  nine  Justices  have  presided  in  the  court, 
with  regular  credentials,  in  more  than  130  jears.  It  will 
be  seen  that  the  combined  terms  of  four  of  the  Supreme 
Court  Justices,  Marshall,  Taney,  Waite  and  Fuller,  lack 
only  two  }ears  of  a  centur}-  of  time. 

4.  How  the  Court  Works. — The  Supreme  Court 
meets  each  year  early  in  October  and  continues  its  ses- 
sion, save  for  Christmas  and  Easter  recesses,  until  the 
following  June.  In  this  eight  months'  period  of  activity 
its  members  attend  at  their  chambers  in  the  Capitol  every 
week  day.  They  devote  five  days  to  hearing  cases — 
that  is,  to  listening  to  the  briefs  and  arguments  of  oppos- 
ing counsel.  On  the  first  of  these  days,  Monday,  they 
also  hand  down  their  opinions  on  cases  they  have  dis- 
posed of.  Saturday  they  devote  to  consultation  or  con- 
ference among  themselves.  While  holding  open  sessions 
of  the  court,  for  hearings,  the  Justices  are  ranged  behind 
an  elevated  desk,  w^ith  the  Chief  Justice  occupying  the 
middle  seat,  and  flanked  on  either  side  by  the  Asso- 
ciate Justices,  seated  according  to  the  length  of  service. 


94 


New  Era  Civics 


After  the  court  has  heard  the  pleas  on  both  sides,  its 
members  take  home  for  study  copies  of  the  opposing 
briefs,  or  written  arguments.  In  due  time  the  Justices, 
having  mastered  the  subject  of  a  given  cause,  take  it  up 
at  the  Saturday  consultation,  w^here  their  views  are  freely 
exchanged.  On  hearsay  evidence — for  the  secrets  of  the 
council  chamber  are  closely  guarded — it  is  said  that, 
where  there  is  a  sharp  divergence  of  opinion,  these  dis- 
cussions are  frequently  animated.     When  the  canvass  of 


itiowu  Bros. 


The  Supreme  Court  Chamber 


Where   the   court   hears  arguments.     The   chairs   to   the   left   are   for  lawyers 

pleading  cases.     There  is  a  railed  off  space  for  the  public.     Back  of  the  pillars 

are   located   the  offices  of  the  Justices. 

individual  views  is  completed  in  a  case,  the  Chief  Jus- 
tice calls  the  roll  and  the  court  is  polled  to  determine 
whether  judgment  shall  be  rendered  for  or  against  the 
appellant.  When  this  is  decided,  the  Chief  Justice  desig- 
nates one  of  the  members  to  write  the  majority  opinion. 
At  later  conferences  the  drafted  opinion  is  submitted  for 
consideration.  As  a  rule,  it  is  studied,  criticized  and 
finally  amended,  sometimes  radically.     When  the  docu- 


The   Federal  Judiciary  95 

ment   reaches    its   final    shape,    it    stands   as    the    formal 
opinion  of  the  Court. 

But  individual  judges  often  persist  in  their  disagree- 
ments, and  delegate  one  of  their  number  to  prepare  a 
dissenting  opinion.  Sometimes  more  than  one  minority 
opinion  is  thus  rendered.  These  expressions  of  judicial 
dissent  become  a  part  of  the  record,  but  they  are  purely 
of  the  nature  of  a  protest  and  give  the  defeated  party 
no  advantage.  Nearly  every  judgment  of  our  highest 
court  afifects  important  interests  or  large  bodies  of  citi- 
zens, and  the  specified  days  for  handing  down  opinions 
are  a  signal  for  eager  attention  on  the  part  of  Washington 
correspondents  and  many  new^spaper  readers. 

5.  The  Other  Federal  Courts. — The  important  cases 
that  reach  the  nine  distinguished  judges  of  the  Supreme 
Court  constitute  but  a  small  fraction  of  the  mass  of 
judicial  business  calling  for  the  attention  of  the  Federal 
courts.  When  we  consider  that  crimes  against  the  Fed- 
eral laws,  such  as  counterfeiting,  smuggling,  improper 
use  of  the  mails  and  the  like  are  beyond  the  jurisdiction 
of  the  State  courts,  and  never  come  within  the  province 
of  the  Federal  Supreme  Court  unless  some  grave  con- 
stitutional principle  is  involved,  it  will  be  realized  that 
many  minor  Federal  courts  are  necessary  to  sit  in  judg- 
ment on  these  offenses.  We  must  also  take  into  account 
a  large  number  of  civil  actions  that  may  come  under 
the  Federal  laws.  These  cases,  too,  fall  within  the 
jurisdiction  of  the  lesser  departments  of  the  Federal 
bench.  Ordinary  lawsuits  between  citizens  of  different 
States  can  be  tried  in  minor  Federal  courts,  but  the 
choice  rests  with  the  defendants,  and  attorneys  often 
prefer  to  resort  to  the  State  tribunals. 

6.  The  Circuit  Court  of  Appeals. — Of  the  minor 
Federal   courts,   the   highest  in   rank   and   power   is   the 


96  New  Era  Civics 

Circuit  Court  of  Appeals.  The  country  is  divided  into 
nine  circuits  by  an  act  of  Congress  passed  in  1891  for 
the  purpose  of  creating  local  jurisdiction  which  would 
relieve  the  pressure  on  the  Supreme  Court.  The  Circuit 
Courts  of  Appeals  of  these  several  circuits  pass  only  on 
cases  carried  up  on  appeal,  and  the  great  majority  of 
their  decisions  are  final.  The  circuits  are  formed  by  the 
grouping  of  States.  The  First  circuit  covers  a  part  of 
New  England.  In  the  Second,  Third,  Sixth  and  Seventh 
circuits  the  populous  States  of  New  York,  Pennsylvania, 
Ohio,  Michigan  and  Illinois  are  included.  The  largest 
circuit  in  size  is  the  Eighth,  which  contains  thirteen 
States  of  the  West  and  Southwest. 

In  all  there  were,  in  1921,  thirty-four  judges  in  these 
courts,  the  number  varying  from  three,  the  common 
allowance,  to  five  in  the  Eighth  circuit.  The  number  of 
circuits  was  fixed  at  nine,  because  the  nominal"  presiding 
officer  in  each  is  a  Justice  of  the  Supreme  Court.  The 
Supreme  Court  Justices,  however,  seldom  sit  in  such 
cases,  but  rather  exercise  a  general  supervision  over  the 
judicial  administration  in  their  several  districts. 

7.  The  Federal  District  Judges. — The  Federal  Dis- 
trict judges  constitute  by  far  the  most  numerous  body 
of  public  servants  charged  with  the  administration  of 
justice  in  the  Federal  field.  They  serve  the  lowest  of 
the  Federal  courts,  and  the  one,  therefore,  nearest  to  the 
people.  The  Federal  districts  are  made  up  of  entire 
States  or  subdivisions  of  States,  and  no  district  embraces 
more  than  one  State.  The  districts  within  the  boundaries 
of  the  larger  States  are  named  geographically,  as  north- 
ern, eastern,  western,  southern  or  middle.  In  the  year 
1921  there  were  107  Federal  District  judges  in  office, 
and  New  York,  as  the  most  populous  of  the  States  with 
the  greatest  volume   of  judicial  business,   had   nine   of 


The  Federal  Judiciary  97 

these  judges,  with  five  for  Pennsylvania,  four  for  IlHnois, 
and  so  on  down  to  the  smaller  States,  which  had  one 
each.  In  this  total  a  Federal  District  judge  is  included 
for  the  Panama  Canal  Zone  and  one  for  Porto  Rico  with 
two  for  Hawaii  and  four  for  Alaska.  In  some  of  the 
most  populous  and  important  districts  more  than  one 
Federal  judge  holds  court,  as,  for  example,  in  the 
Southern  district  of  New  York  (including  the  metropolis) 
where  four  judges  are  assigned  for  service. 

The  Federal  District  judges  are  prohibited  from  prac- 
ticing law,  and  are  obliged  to  live  within  the  limits  of 
their  respective  districts.  It  is  their  duty  to  preside  over 
all  trials  for  violation  of  Federal  laws  or  of  civil  actions 
which  do  not  come  within  the  jurisdiction  of  State  courts. 
Persons  arrested  for  such  crimes  as  making  or  circulating 
counterfeit  money,  fraud  in  bankruptcy  to  cheat  creditors, 
smuggling,  violation  of  the  postal  or  revenue  laws,  are 
indicted  by  Federal  grand  juries  and  prosecuted  in  the 
Federal  District  courts.  During  the  World  War  breaches 
or  evasions  of  the  special  acts  of  Congress,  such  as  the 
Espionage  or  Food  acts,  added  materially  to  the  criminal 
business  of  the  Federal  District  courts.  The  civil  actions 
brought  before  the  Federal  courts  relate  to  disputes  over 
the  patent  and  copyright  laws  and  the  admiralty,  bank- 
ruptcy and  revenue  laws. 

8.  Provisions  for  Appeal. — The  procedure  before  the 
minor  Federal  courts  differs  in  no  essential  particular 
from  that  which  marks  the  trial  of  cases  in  the  State 
courts  of  record,  and  defeated  suitors  or  persons  found 
guilty  of  crime  therein  have  the  same  right  of  appeal  as 
each  State  allows.  In  the  Federal  domain,  appeal  is 
taken  to  the  Circuit  Court  of  Appeals  which  has  juris- 
diction over  the  district  in  which  the  action  is  tried.  As 
already    stated,    the    decision   of   the    Circuit    Court    of 


98  New  Era  Civics 

Appeals  is  generally  final.  Few  cases  are  deemed  im- 
portant enough,  as  involving  some  novel  or  vital  con- 
stitutional issue,  to  be  passed  by  the  Circuit  Court  to 
the  great  Federal  tribunal  of  last  resort. 

Associated  w^ith  the  Federal  District  courts  in  their 
labors  are  the  United  States  District  Attorneys  and 
Marshals.  These  officials,  while  subject  to  the  authority 
of  the  Federal  District  courts,  must  be  classed  as  subordi- 
nates of  the  Department  of  Justice  at  Washington,  of 
which  the  Attorney  General  is  the  recognized  head. 

9.  Special  Federal  Courts. — Two  special  Federal 
courts  invested  with  large  responsibilities  are  the  Court 
of  Claims  and  the  Court  of  Customs  Appeals.  Their 
titles  give  some  clue  to  their  distinctive  functions. 

The  Court  of  Claims  was  established  back  in  1855. 
It  consists  of  a  Chief  Justice  and  four  Associate  Justices. 
This  tribunal  was  created  to  provide  a  judicial  agency  for 
the  impartial  investigation  of  claims  against  the  govern- 
ment and  to  open  a  way  for  their  just  settlement.  As 
a  nation  cannot  be  sued  without  its  own  consent,  the 
allowance  of  claims  against  it  is  a  matter  of  government 
grace.  Prior  to  1855  claims  of  this  kind  were  acted  upon 
by  Congress  in  its  discretion ;  but  the  system  was  never 
satisfactory,  because  it  imposed  an  unnecessary  burden 
upon  that  body  and  moreover  encouraged  the  play  of 
favoritism  and  privilege.  With  the  advent  of  the  new 
court,  an  impartial  body  was  established  to  decide  on 
the  merits  of  claims  and  petitions  calling  for  money  settle- 
ment and  to  report  its  judgments  to  Congress.  The 
court  has  nothing  to  do  with  pension  claims,  but  it  passes 
on  claims  founded  on  the  Constitution  or  the  laws  of 
Congress,  or  arising  from  the  regulations  of  the  executive 
departments  or  from  the  execution  or  alleged  violation 
of  any  government  contract. 


The  Federal  Judiciary  99 

Unlike  the  regular  courts,  the  Court  of  Claims  has  no 
means  of  enforcing  its  decisions  without  the  co-operation 
of  Congress.  Its  function  is  that  of  an  advisory  tribunal 
for  the  guidance  of  Congress.  In  a  word,  it  decides,  after 
a  careful  hearing,  what  amount,  if  any,  is  legally  or 
equitably  due  the  claimant  in  each  case,  and  so  reports 
to  Congress,  which  alone  can  make  the  necessary  appro- 
priation to  satisfy  the  claim.  Congress  is  generally 
influenced  by  its  judgments.  But  appeals  from  the  rul- 
ings of  the  court  may  be  made  to  the  Supreme  Court 
on  questions  of  law. 

A  simple  title  for  the  Court  of  Customs  Appeals  would 
be  the  tariff  court.  Its  mission  is  to  settle  disputes 
springing  from  the  construction  of  the  tariff  law  at  the 
several  ports  of  entry,  and  the  appellants  (or  com- 
plainants) are  usually  persons  engaged  in  the  importing 
business.  The  court  is  composed  of  five  members,  includ- 
ing a  Chief  Judge.  A  familiar  cause  of  complaint  in 
such  cases,  and  one  fairly  typical,  arises  from  the  classi- 
fication of  incoming  merchandise  by  customs  officials  or 
the  General  Board  of  Appraisers.  The  importer  who  con- 
siders himself  aggrieved  by  the  classification  of  his  goods 
and  the  tariff  rates  charged  thereon  has  the  right  to  carry 
his  complaint  to  the  Customs  Court  within  sixty  days, 
and  its  decision  is  final. 

Question  Guide  to  Chapter  VI 

1.  How  many  Justices  of  the  Supreme  Court  are  there,  and 
what  is  their  term  of  office?  Under  what  circumstances  can  a 
Justice  of  the  Supreme  Court  be  removed?  What  distinction  has 
the  office  of  Justice  compared  with  all  other  Federal  offices  as  regards 
its  term  of  service  and  its  relation  to  politics? 

2.  What  are  the  duties  of  the  Supreme  Court?  Can  the  deci- 
sions of  the  Supreme  Court  be  reversed  or  overruled  by  another 
power  ?    Can  they  be  altered  by  itself  ?    Tell  how  this  has  been  done. 


100  New  Era  Civics 

3.  The  Supreme  Court  was  originally  composed  of  how  many 
members?  How  were  they  classified?  The  Supreme  Court  was  estab- 
lished by  the  enactments  of  what  body?  In  what  year?  How  many 
men  have  held  the  ofifice  of  Chief  Justice  to  date?  Give  names 
and  dates. 

4.  In  what  month  does  the  Supreme  Court  meet  each  year? 
When  does  its  session  adjourn?  How  much  time  is  devoted  to  the 
hearing  of  cases  and  when  are  opinions  handed  down?  In  what 
order  and  where  do  the  Justices  of  the  Supreme  Court  sit  while 
holding  open  session?  Tell  the  course  followed  before  the  final 
decision.    In  what  way  is  the  minority  judgment  sometimes  recorded? 

5.  Do  many  of  the  enormous  number  of  crimes  against  Federal 
laws  reach  the  Supreme  Court  for  decision?  What  is  necessary 
for  the  disposition  of  such  cases?  Name  some  of  the  crimes  that 
fall  under  the  jurisdiction  of  the  lesser  departments  of  the  Federal 
bench.  How  are  ordinary  civil  actions  between  citizens  of  the 
different  States  disposed  of? 

6.  Of  the  minor  Federal  courts,  which  is  highest  in  rank  and 
power?  For  what  purpose  were  the  nine  circuits  created?  This 
act  was  passed  in  what  year?  On  what  cases  do  the  Circuit  Courts 
of  Appeals  pass?  What  is  the  usual  effect  of  their  decision?  How 
are  the  circuits  formed?  Where  is  the  First  circuit  located? 
What  circuit  covers  the  largest  number  of  States?  How  many 
judges  in  these  circuits,  and  how  do  their  numbers  vary?  Why 
was  the  number  of  circuits  fixed  at  nine? 

7.  What  is  the  largest  class  of  Federal  judges?  Tell  how  the 
Federal  districts  are  made  up.  How  are  the  districts  in  the  large 
States  named?  How  many  Federal  District  judges  were  in  office 
in  1921?  Give  a  general  idea  of  their  distribution?  What  restric- 
tions are  placed  upon  them  and  what  cases  come  under  their 
jurisdiction?  Name  some  of  the  civil  cases  brought  before  the 
Federal  District  courts. 

8.  If  appeal  is  taken  in  a  Federal  District  court,  what  court 
usually  renders  the  decision? 

9.  Name  the  two  special  Federal  courts  invested  with  important 
functions.  When  was  the  Court  of  Claims  established?  Of  what 
does  it  consist?  Tell  something  of  government  claims.  Why  was 
Congress  relieved  of  this  responsibility?  What  claims  are  sub- 
mitted to  this  court  and  what  is  necessary  to  their  enforcement? 
Tell  something  about  its  methods. 


CHAPTER  VII 
THE   CABINET   AND   THE   DEPARTMENTS 

Government  is  a  trust,  and  the  officers  of  tJie  government 
are  trustees. — Henry  Clay. 

1.  How  the  Cabinet  Grew. — The  members  of  the 
Cabinet  comprise  the  President's  official  household  and 
maintain  confidential  relations  with  him.  The  govern- 
ment departments  of  which  they  are  the  respective  heads 
were  brought  into  existence,  from  time  to  time,  by  acts 
of  Congress. 

At  the  beginning  Congress  established  three  Federal 
departments,  the  chiefs  of  which  served  in  Washington's 
Cabinet.  They  were  the  departments  of  State,  of  the 
Treasury  and  of  War.  Soon  afterwards  the  office  of 
Attorney  General  was  created,  and  President  Washing- 
ton included  its  occupant  among  his  Cabinet  advisers. 
By  1913  the  membership  of  the  Cabinet  had  increased  to 
ten.  The  titles  of  the  offices  and  the  years  the  offices 
first  acquired  such  importance  were  as  follows :  Secre- 
tary of  State,  1789;  Secretary  of  the  Treasury,  1789; 
Secretary  of  War,  1789;  Attorney  General,  1789;  Secre- 
tary of  the  Navy,  1798;  Postmaster  General,  1829; 
Secretary  of  the  Interior,  1849;  Secretary  of  Agriculture, 
1889;  Secretary  of  Commerce,  1913;  Secretary  of  Labor, 
1913. 

While  this  list  indicates  the  order  in  which  the  heads 
of  the  ten  departments  were  originally  admitted  to  the 

101 


102  New  Era  Civics 

President's  Cabinet  council,  it  does  not  measure  the  re- 
spective ages  of  all  of  the  departments.  A  Postoffice 
department  existed  from  Washington's  time,  and  a 
Bureau  of  Agriculture  appeared  in  1862  with  a  commis- 
sioner at  its  head.  In  1903,  during  Roosevelt's  first 
administration,  Congress  established  a  Department  of 
Commerce  and  Labor  with  a  single  Cabinet  Secretary, 
but  it  was  not  until  ten  years  later  that  it  was  divided, 
with  a  Secretary  in  charge  of  each  section. 

The  Constitution  makes  no  reference  to  a  Presidential 
Cabinet.  The  President  has  full  control  over  everything 
relating  to  his  official  advisers,  as  the  Cabinet  members 
are  called.  President  Harding  made  an  interesting  de- 
parture from  custom  when,  after  his  inauguration  in 
March,  1921,  he  invited  Vice  President  Coolidge  to  attend 
the  sessions  of  the  Cabinet  and  to  take  part  in  its  delibera- 
tions. 

2.  The  Secretary  of  State. — The  various  titles  give  a 
good  general  idea  of  the  spheres  and  functions  of  the 
Cabinet  departments.  The  ranking  member  of  the  body 
is  the  Secretary  of  State,  who  is  intrusted  with  the  con- 
duct and  supervision  of  the  foreign  affairs  of  the  govern- 
ment. We  have  seen  that  this  officer  is  the  first  named 
in  the  Presidential  Succession  act  as  the  legal  heir  to 
the  executive  authority,  in  the  event  of  the  death  of  both 
the  President  and  Vice  President.  This  distinction 
reflects  the  high  traditional  regard  in  which  the  post  of 
foreign  secretary  is  held.  Among  the  famous  Americans 
who  occupied  it  in  the  old  days  before  the  Civil  War 
were  Thomas  Jefferson,  James  Madison,  James  Monroe, 
John  Quincy  Adams,  Martin  Van  Buren,  and  James 
Buchanan,  all  of  whom  were  afterwards  elected  to  the 
Presidency ;  and  John  Marshall,  Henry  Clay,  Daniel 
Webster  and  John  C.  .Calhoun.     In  the  last  half  century 


The  Cabinet  and  the  Departments        103 

the  honor  and  dignity  of  the  office  have  been  weU  main- 
tained, and  it  has  been  a  famiHar  practice  of  Presidents- 
elect  to  tender  the  State  portfolio  to  men  who  had  been 
their  convention  rivals  for  the  nomination  or  who  had 
acquired  national  fame  as  party  leaders.  Of  appoint- 
ments of  this  distinguished  type  since  1860,  Secretaries 
Wilham  H.  Seward,  James  G.  Blaine,  Thomas  F.  Bayard, 
John  Sherman,  EHhu  Root  and  Wilham  J.  Bryan  may 
be  mentioned. 

At  the  Cabinet  meetings  (which  are  held  on  Tuesdays 
and  Fridays  unless  a  sudden  emergency  necessitates  a 
special  session)  the  Secretary  of  State  sits  at  the  Presi- 
dent's right.  He  is  the  official  chief,  subject  only  to  the 
President's  supreme  supervision,  of  all  our  diplomatic 
representatives  in  foreign  countries,  ambassadors,  minis- 
ters, consuls  and  special  envoys  or  commissioners.  To 
him  the  President  confides  special  charge  of  our  foreign 
relations,  including  diplomatic  intercourse  with  the 
numerous  foreign  ambassadors  and  ministers  resident 
in  Washington.  Our  correspondence  with  foreign  gov- 
ernments on  important  subjects  and  the  instructions  to 
American  diplomats  at  their  capitals  are  signed  by  the 
Secretary  of  State.  An  Under  Secretary  and  three  Assis- 
tant Secretaries  relieve  him  of  a  part  of  his  responsi- 
bilities, and  in  his  absence  the  Under  Secretary  takes  his 
place  in  urgent  transactions. 

During  the  first  years  of  the  World  War  and  while 
our  neutrality  was  still  preserved,  the  American  public 
became  familiar  with  the  official  signature  of  the  Secre- 
tary of  State  to  all  of  our  diplomatic  notes  to  the  German 
government.  In  the  case  of  ordinary  treaties,  the  Secre- 
tary is  the  most  active  factor,  at  least  in  the  preliminary 
negotiations  on  behalf  of  our  government.  His  cere- 
monial  duties   are  noteworthy,    for    he   is   expected    to 


104  New  Era  Civics 

receive  all  the  new  diplomatic  representatives  of  foreign 
countries  and  present  them  to  the  President;  and  it  is 
he,  moreover,  who  issues  passports  to  American  citizens 
desiring  to  travel  abroad.  While  he  is  preeminently  the 
officer  dealing  with  our  foreign  affairs,  he  also  performs 
interesting  duties  relating  to  official  matters  at  home, 
as  might  be  inferred  from  the  title  of  his  office.  He 
countersigns  the  strictly  official  announcements  and  proc- 
lamations of  the  President,  of  which  the  annual  Thanks- 
giving address  is  a  well  known  example,  and  the  Presi- 
dent's communications  to  State  executives.  It  is  also  a 
part  of  his  duty  to  publish  completed  treaties  and  to  pro- 
claim constitutional  amendments  after  their  ratification. 

Like  all  the  other  Cabinet  departments,  that  of  the 
Secretary  of  State  is  divided  into  a  number  of  bureaus. 
In  the  business  sense,  at  least,  the  Consular  bureau  is 
its  most  important  division,  and  the  Director  of  Consular 
service  and  the  chairman  of  the  bureau  proper  rank 
among  the  leading  officials  of  the  department  next  to 
the  assistant  Secretaries.  Our  consuls  are  distributed 
throughout  the  civilized  world,  and  they  are  the  business 
agents  of  the  government,  as  distinct  from  its  diplomatic 
representatives,  in  foreign  territory.  The  State  depart- 
ment is  the  nerve  center  of  these  far-flung  branches  of 
consular  service,  and  the  Consular  Bureau  is  rated  high 
in  the  weight  and  variety  of  its  responsibilities,  among 
the  constituent  bureaus  of  the  great  Washington  depart- 
ments. 

3.  The  Secretary  of  the  Treasury. — In  the  extent  and 
gravity  of  his  powers  the  Secretary  of  the  Treasury  is 
unsurpassed  by  any  of  his  Cabinet  colleagues,  and  there 
are  times  wdien  he  is  easily  foremost  in  these  respects. 
As  the  administrator  of  the  financial  affairs  of  the  national 
government  his  responsibility  is  heavy.     In  the  course 


The  Cabinet  and  the  Departments 


105 


of  its  financial  operations  he  is  frequently  vested  by  Con- 
gress with  discretionary  authority  which  calls  for  a  high 
degree  of  wisdom  and 
executive  skill.  He  is 
charged  with  the  care  of 
the  public  funds  ;  the  issu- 
ing of  government  bonds ; 
the  collection,  disburse- 
ment and  audit  of  national 
revenues ;  the  administra- 
tion of  the  currency  laws  ; 
the  general  direction  of 
the  coinage  and  the  oper- 
ation of  the  mints  ;  and,  in 
addition,  with  the  official 
supervision  of  a  number 
of  subordinate  bureaus 
which,  while  they  are  not 
strictly  related  to  gov- 
ernment finance,  have  al- 
ways been  a  part  of  the  establishment  of  the  Federal 
Treasury. 

By  virtue  of  his  office — or  ex  officio,  as  it  is  called — 
the  Secretary  of  the  Treasury  is  chairman  of  the  body 
known  as  the  Federal  Reserve  Board,  and  one  of  his 
chief  subordinates,  the  Comptroller  of  the  Currency,  is 
also  an  ex  officio  member  of  the  Board.  This  Board  exer- 
cises a  large  authority  over  the  Federal  Reserve  system 
of  national  banks  and  their  issues  of  money.  It  is  the 
product  of  a  law  enacted  by  Congress  in  1913,  which 
worked  a  radical  change  in  the  character  and  principle 
of  our  bank  currency. 

4.  Functions  of  the  Treasury  Department. — In  its 
currency   and   general   financial   legislation   Congress   at 


Underwood  &  Underwood. 

A  Pocket  of  the  Treasury 

Some  of  Uncle  Sam's  small  change. 
Each  of  these  bags,  stored  in  a  treas- 
ury  vault,   holds   $1,000   in  silver  coin. 


106  New  Era  Civics 

times  delegates  large  powers  to  the  Secretary,  and  this 
is  particularly  true  of  the  bonding  operations  of  the 
government — its  borrowing  on  bonds  to  satisfy  special 
financial  needs — of  which  the  last  instance  before  the 
World  War  was  the  issue  of  government  bonds  for  the 
construction  of  the  Panama  canal. 

Among  the  official  subordinates  of  this  great  depart- 
ment are  the  Register  of  the  Treasury,  who  has  special 
charge  of  the  issuance  and  certification  of  all  United 
States  bonds;  the  Comptroller  of  the  Currency,  whose 
province  it  is  to  supervise  the  operation  of  the  national 
banks ;  the  Comptroller  of  the  Treasury,  who  has  general 
charge  of  the  auditing  (that  is,  the  process  of  insuring 
correctness)  of  all  disbursements  from  the  Treasury, 
and  who  is  assisted  in  his  duties  by  special  auditors 
or  examiners  for  nearly  all  the  departments ;  the  Director 
of  the  Mint,  who  controls  the  government's  work  of 
coinage  and  assay,  and  the  Commissioner  of  Internal 
Revenue — an  officer  charged  with  peculiarly  weighty 
responsibilities  since  the  collection  of  the  Federal  income 
tax  was  added  to  his  ordinary  functions.  This  officer  has 
also  large  power  in  the  enforcement  of  the  National  Pro- 
hibition act. 

5.  Uncle  Sam's  Tax  Gatherers. — The  collection  of 
the  vast  revenues  of  the  government,  the  proceeds  of  its 
taxation,  requires  the  employment  of  a  very  large  force 
of  Treasury  officials.  The  great  bulk  of  this  income 
passes  through  the  hands  of  Collectors  of  Internal 
Revenue  and  their  subordinates.  Every  State  has  at 
least  one  Internal  Revenue  collection  district,  with  a 
collector  in  charge,  and  Alaska,  Hawaii  and  the  District 
of  Columbia  also  have  one  each.  In  the  more  populous 
States  extra  districts  and  collectors  are  necessary.  In 
1921  New  York  had  five  districts  in  all,  Ohio  four,  Penn- 


The  Cabinet  and  the  Departments        107 

sylvania  three  and  Illinois,  California,  New  Jersey, 
jVIichigan  and  Virginia  two  each.  Internal  taxes  of  every 
kind,  from  income  taxes  down  to  the  smallest  imposts 
on  trifling  commodities,  reach  the  Internal  Revenue 
collectors  and  are  by  them  forwarded  to  the  govern- 
ment. 


Jjiuwn  JJi 


The  New  York  Custom  House 


This  is  where  the  government's  biggest  stream  of  revenue  from  tariff  duties 
is   paid   in,   and   where   the   record   of   all   importations   at   the   port   of   New 

York  is  kept. 

Customs  taxes,  or  the  duties  laid  on  imports  from 
other  countries,  are  paid  to  Collectors  of  Customs.  At 
every  regular  port  of  entry  for  foreign  goods  a  collector 
or  a  deputy  collector  is  stationed.  The  main  ports 
are  about  fifty  in  number.  The  salaries  of  the  collectors 
in  charge — and  the  same  is  true  of  the  Collectors  of 
Internal  Revenue — are  regulated  by  the  amount  of  busi- 
ness done. 

The  Secretary  of  the  Treasury  is  charged  with  the 
direction  of  government  activities  not  related  to  finance. 


108  New  Era  Civics 

as,  for  example,  the  system  of  public  health  protection 
at  our  ports.  In  this  vital  quarter  he  is  responsible  for 
the  management  of  our  national  quarantine  stations  and 
marine  hospitals  and  for  safeguards  against  the  introduc- 
tion of  contagious  diseases  by  immigrants;  and  in  this 
capacity  he  is  expected  to  co-operate  with  the  govern- 
ments of  the  seaboard  states.  He  is  also  the  chief  of  the 
Coast  Guard,  which  has  absorbed  the  old  life-saving  and 
revenue-cutter  services;  and  of  the  Federal  Secret-Service, 
the  title  of  which  indicates  its  responsibility  for  ferreting 
out  or  preventing  crimes  against  the  Federal  govern- 
ment. 

6.  The  War  and  Navy  Secretaries. — The  Depart- 
ments of  War  and  the  Navy  may  properly  be  considered 
together  because  of  their  common  relation  to  the  system 
of  national  defense.  In  recognition  of  the  supremacy 
of  the  civil  over  the  military  power  in  the  American 
democracy,  the  Secretary  of  War  is  usually  a  civilian. 
Very  rarely  and  only  for  short  periods  have  professional 
soldiers  held  the  War  portfolio.  Generals  Grant  and 
John  M.  Schofield  were  each  for  a  brief  period  the  Secre- 
tary of  War  under  President  Johnson,  as  were  Generals 
Rawlins  and  Sherman  under  President  Grant,  but  these 
exceptions  scarcely  afifect  the  rule  that  the  official  head 
of  our  War  department  shall  be  a  civilian.  In  the  case 
of  the  Navy  the  adherence  to  this  principle  has  been 
even  more  uniform.  In  both  departments,  however,  many 
duties  of  administration  are  intrusted  to  officers  of  the 
government's  fighting  branches. 

While  the  Secretary  of  War  is  the  real  official  head 
of  his  department,  the  army  itself  is  under  the  immediate 
direction  of  the  General  Staff  Corps,  comprising  more 
than  fifty  officers  ranking  from  Captain  to  General.  In 
addition   we    have    distinguished    officers    charged    with 


The  Cabinet  and  the  Departments        109 

varied  functions,  such  as  the  Adjutant  General,  Inspector 
General,  Chief  of  the  Quartermaster  Corps,  Surgeon 
General,  Judge-Advocate  General,  Chief  Signal  Officer, 
Chief  of  Ordinance  and  Chief  of  Engineers.  One  result 
of  the  World  War  was  the  revival  of  the  rank  of  General 
of  the  Army,  conferred  by  Congress  upon  John  J. 
Pershing. 

Our  famous  school  of  military  instruction,  the 
Academy  at  West  Point,  is  within  the  official  jurisdic- 
tion of  the  War  department.  The  cadets  at  West  Point 
owe  their  appointments,  for  the  most  part,  to  the  recom- 
mendations of  members  of  Congress,  as  they  are  named 
from  the  Congress  districts.  But  special  appointments  to 
the  Academy  are  reserved  to  the  States  as  units  and  to 
the  United  States.  The  appointments,  however,  are  not 
determined  by  political  favor  alone,  as  candidates  for 
admission  are  required  to  pass  a  very  strict  examina- 
tion. 

The  Secretary  of  the  Navy  is  charged  with  responsi- 
bility for  the  administration  of  all  that  concerns  our 
formidable  fleet,  and,  like  his  colleague  of  the  War  de- 
partment, he  has  the  co-operation  and  advice  of  expe- 
rienced officers  detailed  for  important  duties  of  command 
or  supervision.  Among  the  subdivisions  of  the  depart- 
ment are  the  Bureau  of  Navigation,  the  Bureau  of  Yards 
and  Docks,  the  Bureau  of  Ordnance,  the  Bureau  of  Con- 
struction and  Repairs ;  and  his  subordinates  also  include 
a  Judge-Advocate  General.  The  direction  of  the  United 
States  Naval  Academy  at  Annapolis  is  appropriately 
intrusted  to  this  department. 

7.  The  Department  of  Justice. — The  Attorney  Gen- 
eral is  the  head  of  the  Department  of  Justice.  He  is  the 
officer  directly  intrusted  with  the  execution  of  the  Federal 
law  in  general — that  is  to  say,  where  the  carrying  out  of 


no 


New  Era  Civics 


statutes  is  not  confided  to  new  or  existing  officials  desig- 
nated for  the  purpose  by  Congress.  The  Washington 
staff  surrounding  the  Attorney  General  is  relatively 
small ;  but  he  is  the  official  chief  of  a  large  body  of 
functionaries  distributed  throughout  the  country,  the 
United  States  District  Attorneys  and  the  United  States 
Marshals,  who  co-operate  with  the  Federal  courts  in  the 
administration  of  justice.  Each  District  Attorney  prose- 
cutes cases,  and  each  Marshal  serves  warrants  to  make 
arrests.  Every  State  has  at  least  one  Federal  District 
Attorney  and  one  Marshal.  The  largest  number  of  each 
assigned  to  any  State  is  New  York's  four,  while  several 
of  the  States  have  three. 

8.  The  Postoffice  Department. — Of  all  the  Cabinet 
departments,  the  Postoffice  department  is  perhaps 
brought  into  the  closest  contact  with  the  pul^lic,  through 
its  official  direction  of  the  government's  activities  as  the 
carrier  of  the  mail.  Every  postman  who  delivers  letters 
at  our  doors  is  a   subordinate   of  this  department,  and 

every  Postmaster  is  its 
local  agent.  The  business 
transacted  by  the  depart- 
ment was  always  rela- 
tively enormous,  and  its 
responsibilities  have  been 
increased  in  recent  years 
by  several  remarkable  im- 
provements in  the  postal 
service. 

One  of  these  is  the  sys- 
tem of  rural  free  delivery, 
whereby  daily  collections 
and  deliveries  of  mail  are 
made  along  country  roads, 


I  lultiwund  i:  Underwood. 

Rural  Mail  Delivery 

Early  experiments  in  collecting  and 
delivering  mail  on  country  highways. 
This  old-fashioned  method  is  still  .em- 
ployed in  many  rural  districts,  but  in 
others  it  is  giving  way  to  auto-wagons 
and    motorcycles. 


The  Cabinet  and  the  Departments        111 


Underwoud  &  Underwood, 

A  Modern  Mercury 

Aerial  postmen  who  rival  the  tele- 
graph. Beginning  a  postal  service 
that   will   develop   with   the  aeroplane. 


to   the  great  convenience 

of  the  farming  population. 

Still  more  important  is  the 

carrying    of    bulky    pack- 
ages    by     mail      (parcel 

post).     The  latter  service 

marks  a  radical  departure 

in   the   operations   of   the 

Postoffice  department.     It 

was  introduced,  by  act  of 

Congress,    on   January    1, 

1913,     and     at     first     the 

weight  of  packages  carried 

was  limited  to  twenty  pounds  within  a  distance  of  150 

miles,  and  to  eleven  pounds  for  a  greater  distance.     By 

later  regulations  the  weight  limit  was  gradually  increased 

to  seventy  pounds  within  300  miles  and  fifty  pounds  for 

longer  hauls.  In  view  of 
the  cheap  rate  of  postage 
on  such  merchandise  ship- 
ments, this  new  branch  of 
the  service  has  been  a 
welcome  accommodation 
to  the  public. 

Another  recent  exten- 
sion of  postal  activity  has 
been  the  establishing  of 
postal  savings  banks, 
which  pay  a  low  rate  of 
interest  on  small  deposits 
of  money  at  Postoffices, 
and  are  conducted  chiefly 
for  the  benefit  of  persons 
who  do  not  patronize  the 


Underwuod  i*^  Underwood. 

Stamp  Printing  by  Magic 

A  wonderful  new  stamp  machine  in 
the  Bureau  of  Engraving  at  Washing- 
ton. Ten  of  these  machines  can  print, 
gum  and  perforate  3,500.000  postage 
stamps    every    day. 


112  New  Era  Civics 

ordinary  banks  or  who  live  where  savings  banks  are  not 
within  reach. 

Necessarily  the  Postmaster  General  is  one  of  the 
busiest  members  of  the  Cabinet.  The  largest  army  of  the 
civil  servants  of  the  government  serve  under  his  official 
jurisdiction.  He  appoints  all  the  minor  Postmasters; 
makes  postal  rules  for  domestic  observance ;  enters  into 
postal  agreements  with  foreign  governments ;  contracts 
for  railway  service  in  mail  transportation ;  supervises  the 
work  of  the  railway  postal  clerks  as  well  as  of  the  Post- 
office  forces.  He  is,  in  short,  responsible  to  the  President 
and  the  Congress  for  a  department  of  government  service 
which  more  intimately  concerns  the  mass  of  the  people 
than  any  other.  With  no  branch  of  government  work  is 
the  average  citizen  more  familiar  than  with  the  diversified 
operations  of  the  Postoffice  department  at  all  points 
where  it  serves  the  popular  needs. 

9.  The  Department  of  the  Interior. — The  Secretary 
of  the  Interior  is  at  the  head  of  a  Cabinet  department 
which  has  a  unique  distinction  with  respect  to  the 
strangely  varied  interests  within  its  jurisdiction.  It  is 
about  the  only  Cabinet  department  whose  title  gives  no 
enlightening  clue  to  the  character  or  limit  of  its  official 
authority.  In  some  respects  the  Secretary  of  the  Interior 
seems  to  have  the  whole  territory  of  the  United  States 
for  his  province,  while  some  of  the  subdivisions  of  his 
department  seem  to  be  as  widely  separated,  one  from 
another,  as  are  any  two  of  the  Cabinet  departments 
proper. 

This  distinction  can  be  better  understood  when  the 
names  of  various  important  officials  who  own  the  Secre- 
tary of  the  Interior  as  their  chief  are  enumerated  as 
follows:  Commissioner  of  the  Land  Office,  Commis- 
sioner of  Pensions,  Commissioner  of  Education,  Com- 


The  Cabinet  and  the  Departments        113 

missioner  of  Indian  Affairs,  Commissioner  of  Patents, 
Director  of  the  Geological  Survey,  Director  of  the  Recla- 
mation Service,  Director  of  the  Bureau  of  Mines  and 
Director  of  the  National  Park  Service. 

The  department  was  created  in  1849,  immediately 
following  our  war  with  Mexico.  Its  original  mission  was 
to  assume  supervision  of  the  hundreds  of  thousands  of 
square  miles  of  largely  uninhabited  land  we  acquired 
from  Mexico  by  the  peace  treaty,  and  to  manage  their 
sale  and  distribution.  All  this  was  the  special  duty  of 
the  Land  office  of  the  department.  Later  it  seems  to 
have  been  the  plan  of  Congress  to  shift  to  the  Interior 
department  all  new  administrative  responsibilities  not 
directly  related  to  the  existing  departments;  and  for 
many  years  it  was  treated  as  a  sort  of  catch-all  depart- 
ment to  take  care  of  promiscuous  matters  not  otherwise 
provided  for.  Not  long  ago  a  Secretary  of  the  Interior, 
protesting  against  this  policy,  went  so  far  as  to  declare 
in  an  official  report  that  the  department  should  be  dis- 
solved and  its  duties  apportioned  among  the  departments 
to  which  they  more  properly  belong ;  that  the  Land  office 
should  be  incorporated  with  the  Department  of  Agricul- 
ture, the  Patent  office  with  the  Department  of  Commerce 
and  the  Pension  office  with  the  War  and  Navy  depart- 
ment. 

10.  Some  of  Its  Powers. — In  the  past  the  Interior 
department  has  justified  its  existence,  notably  by  its 
agency  in  the  distribution  of  perhaps  a  billion  acres  of 
land  among  American  settlers  for  railroad  and  other  pur- 
poses. Much  of  this  task  has  been  performed  in  local 
Federal  Land  offices,  some  of  which  still  operate  in  States 
where  considerable  areas  of  unused  public  land  remain. 

Of  late  years  the  department  has  rendered  a  highly 
valuable  service  in  executing  the  various  laws  enacted 


114 


New  Era  Civics 


by  Congress  to  reclaim  and  make  productive  vast 
stretches  of  waste  land  in  the  far  West.  In  the  general 
land  administration  of  the  department  the  Geological 
Survey  has  played  an  effective  part. 

Not  the  least  of  the  duties  devolving  upon  the  depart- 
ment is  the  care  of  our  Indian  wards.  The  Commissioner 
of  Indian  Affairs  is  the  real  white  chief  of  the  numerous 
reservations  to  which  our  surviving  Indian  tribes  are 
allotted,  and  through  him  and  his  official  superior,  the 
Secretary  of  the  Interior,  the  government  exercises  con- 
stant care  over  their  interests. 

The  Pension  Bureau  and  the  Patent  Office  have  large 
responsibilities.  The  former  has  discharged,  and  is  still 
discharging  a  weighty  obligation,  in  attending  to  the 
payment  of  Civil  War  pensioners,  whose  claims  have 
exceeded  $160,000,000  in  a  single  year,  and  of  the  similar 
claims  of  veterans  of  the  Spanish-American  War  and 
the  small  remnant  of  pensioners  of  the  Mexican  War. 
The  Patent  office  has  control  of  the  issue  and  record  of 

all  patents  on  inventions 
and  the  copyrights  of 
books  and  other  publica- 
tions. 

11.  The  Department 
of  Agriculture. — Compar- 
atively few  people  fitly  ap- 
preciate the  importance 
and  value  of  the  services 
rendered  by  the  Cabinet 
department  next  in  the 
chronological  order — the 
Department  of  Agricul- 
ture. Of  the  younger  de- 
partments   it   is    pre-emi- 


Lnacruuud  &  Underwood, 

Packing  Seeds  by  Machines 

This  is  how  Uncle  Sam  puts  up  his 
packages  of  vegetable  and  flower  seeds 
for  free  distribtition.  Each  girl  feeds 
empty  packets  to  the  machines,  which 
discharges  full  packets  into  the  basket. 


The  Cabinet  and  the  Departments        115 

nent  as  a  servant  of  the  people  and  a  protector  of  their 
vital  interests.  The  World  War  aroused  an  anxious 
interest  throughout  the  country  in  our  farm  productive- 
ness and  the  sufficiency  of  our  food  supply.  One  effect 
of  this  deep  popular  concern  was  to  make  the  country 
better  acquainted  with  the  modest  but  vigilant  and  enter- 
prising" labors  of  the  Agriculture  department.  It  is 
through  this  branch  of  his  government  that  Uncle  Sam 
displays  his  solicitous  interest  in  farm  production,  the 
source  of  our  food  supply,  and  exerts  his  power  to  en- 
courage the  toil  and  enlarge  the  output  of  our  millions 
of  husbandmen. 

Occasionally  the  public  reads  of  the  official  crop  re- 
ports and  estimates  of  the  department.  These  are  of 
immense  aid  in  enlightening  grain  dealers  and  speculators 
and  in  steadying  the  market,  but,  although  they  are  the 
work  of  an  elaborate  statistical  organization,  they  con- 
stitute only  one  of  many  items  in  the  useful  service  of 
the  department.  It  directs  the  observations  of  the 
Weather  Bureau,  based  on  daily  reports  from  many  far 
separated  stations.  It  has  charge,  through  its  Bureau  of 
Animal  Industry,  of  the  official  inspections  of  meat 
products,  including  exports  and  imports.  It  conducts, 
through  its  Bureau  of  Plant  Industry,  scientific  investi- 
gations which  are  exceedingly  helpful  in  the  process  of 
cultivation.  It  has  general  charge  of  our  national  forests 
and  of  all  the  official  machinery  of  forest  conservation. 
Through  the  agency  of  its  Bureau  of  Chemistry  it  fur- 
nishes the  farming  interests  with  valuable  information 
regarding  the  use  of  fertilizers,  and  of  the  many  labor- 
saving  devices  now  at  the  farmer's  command.  It  renders 
a  valuable  public  service  by  the  administration  of  our 
food  laws,  particularly  with  a  view  to  insuring  the  purity 
of  food  and  drugs. 


116 


New  Era  Civics 


The  educational  work  of  this  department  and  its 
various  bureaus  can  hardly  be  overrated.  This  was  illus- 
trated aptly  a  few  years 
ago  when  its  Biological 
Survey  published,  after  a 
long  expert  investigation, 
an  exhaustive  review  of 
the  relations  of  wild-bird 
life  to  agriculture.  This 
showed  how  the  farmer 
has  profited  from  the  in- 
sect-devouring habits  of 
many  birds  formerly  rated 
as  his  enemies,  and  it 
counseled  the  vigilant  pro- 
tection of  our  feathered 
friends.  During  the  World 
War  the  Department  of 
Agriculture  was  a  potent 
factor  in  the  wonderful 
development  of  our  food-power.  Incidentally,  it  co- 
operated with  free  exhibits  in  our  leading  State  Fairs, 
and  this  branch  of  its  service  it  has  since  continued. 

12.  The  Department  of  Commerce. — The  Depart- 
ment of  Commerce  bears  a  relation  to  the  country's  busi- 
ness and  industry  similar  to  that  of  the  Department  of 
Agriculture  to  farm  production.  Its  official  mission  is 
to  promote  by  every  available  method  the  commercial, 
manufacturing,  maritime,  fishing,  mining  and  transporta- 
tion interests  of  the  United  States.  For  that  purpose  it 
is  armed  with  official  power  over  our  merchant  marine 
and  for  the  enforcement  of  our  navigation  laws ;  with 
authority  over  our  steamboat  services,  our  fish  hatcheries 
and  the  fishing  industry  in  general ;  with  responsibility 


Underwood  &  Underwood. 

The  War  Against  Insect  Pests 

An  expert  of  the  Bureau  of  Ento- 
mology, Department  of  Agriculture, 
studying  injurious  insects  under  the 
microscope.  This  is  a  step  toward 
devising  methods  for  exterminating 
them. 


The  Cabinet  and  the  Departments        117 

for  the  construction  and  maintenance  of  lighthouses  and 
the  regulation  of  Hghtship  and  buoy  safeguards,  and  the 
like.  These  and  other  related  duties  covering  shipping, 
navigation  and  maritime  commerce  in  general  are  in- 
trusted to  suitable  bureaus. 

13.  The  Department  of  Labor. — The  youngest  of  the 
independent  departments  is  that  of  Labor.  It  is  the 
official   agency   through   which  the   government  serves 


Brown  Eros. 

Where  Immigrants  Come 

An   airplane   view   of   Ellis   Island,   where   armies   of  incoming   foreigners   are 
landed  and  inspected  each  year. 

the  general  class  of  manual  workers.  Its  usefulness  has 
been  seen  in  the  collection  of  elaborate  statistics  relating 
to  the  occupations,  wages,  and  hours  of  labor  of  Amer- 
ican workers,  and  the  compilation  of  State  laws  relating 
to  compensation  for  injuries  in  hazardous  employments. 
Of  late  it  has  revealed  an  official  interest  in  labor  con- 
troversies and  strikes  undertaken  on  a  national  scale  of 
magnitude.      This   was    especially    noted   in   the   fall   of 


118  New  Era  Civics 

1919,  when  the  Secretary  of  Labor  figured  as  a  mediator 
of  the  threatening  differences  between  some  four  hun- 
dred thousand  bituminous  coal  miners  and  their  em- 
ployers. 

The  Department  of  Labor  has  the  smallest  official 
staff  of  the  several  Cabinet  departments.  It  includes 
bureaus  maintained  for  the  special  protection  of  women 
and  children  in  industrial  occupations.  Another  bureau 
administers  the  laws  whereby  foreigners  who  come  to 
this  country  are  naturalized,  or  converted  into  American 
citizens.  The  bureau  in  charge  of  this  work  also  gives 
its  official  supervision  and  aid  to  a  movement  which  of 
late  years,  and  especially  since  the  World  War,  has  en- 
gaged the  active  interest  of  many  citizens — the  Ameri- 
canization movement. 

Among  the  most  important  duties  intrusted  to  the 
Labor  department  is  that  of  executing  the  immigration 
laws.  Special  reference  to  these  closely  related  questions 
of  immigration  and  Americanization  is  desirable. 

14.  Our  Immigration  Problem. — The  regulation  of 
immigration  is  still  an  open  question,  and  it  is  one  that 
has  produced  much  difference  of  opinion.  From  time  to 
time  Congress  has  passed  a  number  of  laws  for  keeping 
certain  classes  of  foreigners  outside  of  the  country. 
One  of  the  first  of  these  laws  was  enacted  in  1882,  and 
it  barred  from  the  United  States  Chinese  laborers,  and 
also  paupers,  criminals  and  insane  persons.  Three  years 
later  another  law  was  adopted,  known  as  the  Alien  Con- 
tract Labor  law,  which  forbade  foreigners  to  enter  our 
ports  whose  services  had  been  contracted  for  in  advance 
by  American  producers.  Other  immigration  laws  pro- 
hibited the  coming  of  persons  suffering  from  various 
kinds  of  disease,  of  anarchists  (or  persons  who  are 
opposed  to  all  government)  and  of  persons  who,  though 


The  Cabinet  and  the  Departments        119 


not  classed  as  paupers,  were  likely  to  become  a  public 
charge.  One  of  these  laws  was  aimed  at  Japanese 
laborers.  In  order  to  make  this  legislation  more  effective, 
it  was  provided  that  all  immigrants  who,  on  arriving  at 
our  ports,  could  not  prove  that  they  were  entitled  to 
enter  under  the  law,  must  be  returned  by  the  steamship 
companies  bringing  them  here. 

A  radical  change  in  our  immigration  system  was  made 
in  1917,  when  Congress  passed  a  law  denying  admission 
to  oiir  ports  to  new-comers  who  could  not  read  the  Eng- 
lish language  or  the  language  of  their  own  country. 
Under  this  statute  the  so-called  "illiterate"  aliens  are 
barred.  This  legislation  provoked  a  storm  of  opposition. 
Three  Presidents  had  vetoed  similar  bills,  and  Con- 
gress had  been  unable 
to  override  the  vetoes  by 
a  two-thirds  vote.  The 
fourth  bill,  though  dis- 
approved by  President 
Wilson,  was  repassed  over 
his  veto  and  thus  became 
a  law  in  1917. 

In  1921  an  immigra- 
tion law  was  passed  which 
limited  the  numbers  ar- 
riving from  any  foreign 
country  at  American  ports 
in  any  given  }'ear  to 
three  per  cent  of  the  total 
number  of  persons  from 
such  country  who  were  shown  to  be  already  here  by 
the  census  returns  of  1910. 

15.     Americanization. — During  the   World    War   the 
presence   of  many   undesirable   aliens,   or   unnaturalized 


Browu  Bros. 

Testing   an   Immigrant 

Here  a  government  official  is  examin- 
ing a  new  arrival  from  Europe  to 
determine  his  mental  soundness.  The 
test  is  made  with  blocks.  Seated  at 
the  right  of  the  official  is  an  inter- 
preter. 


120 


New  Era  Civics 


foreigners,  was  revealed  througnout  the  country.  A  large 
proportion  of  them  gave  the  government  a  good  deal  of 
trouble,  owing  to  their  lack  of  sympathy  with  the  Amer- 
ican cause  or  their  actual  hostility  toward  it.  It  was 
seen  everywhere  that  these  elements  had  made  little  or 
no  headway  in  acquiring  what  we  may  call  the  American 
spirit.  A  fertile  field  was  thus  opened  for  the  sowing  of 
the  seeds  of  good  American  doctrine. 

The  Department  of  Labor  is  the  official  center  of  a 
nation-wide  movement  for  preparing  recently  arrived 
foreigners,  or  aliens,  as  they  are  generally  called,  for  the 
duties  of  citizenship.  In  this  line  of  service  it  acts  in 
co-operation  with  school  authorities  and  civic  associations 
throughout  the  country.  The  object  of  the  undertaking 
has  been  to  reach  these 
foreigners,  to  teach  them 
what  American  democ- 
racy means  and  to  per- 
suade them  that  their  best 
interests  as  workers  and 
as  future  citizens  would 
be  served  by  their  honest 
allegiance  to  the  flag  and 
to  all  that  it  stands  for. 
These  movements  have 
been  encouraged  by  the 
Federal  and  State  govern- 
ments; but  they  chiefly 
depend  for  success  upon 
the  energy  and  civic  spirit 
of  local  communities.  Americanization  societies  are  com- 
mon in  the  larger  cities. 

As  an  educational  undertaking  the  whole  enterprise  is 
bound  to  yield  good  results  when  properly  directed  and 


iJiLUMi  JJrus. 

The  Making  of  Americans 

An  Americanization  class  in  a  New 
York  city  night  school.  Teaching 
foreigners  how  to  apply  for  citizen- 
ship papers  and  to  swear  allegiance 
to  the  United  States. 


The  Cabinet  and  the  Departments       121 

zealously  supported.     The  Americanization  problem  has 
been  simplified  by  the  new  restrictions  on  immigration. 

INDEPENDENT  DEPARTMENTS 

16.  The  Interstate  Commerce  Commission. — Wash- 
ington is  the  seat  of  several  Federal  commissions,  and 
among  the  most  conspicuous  of  these  are  the  Interstate 
Commerce  commission,  the  Railroad  Labor  Board,  the 
Federal  Trade  commission,  the  United  States  Shipping 
Board  and  the  United  States  Tariff  commission. 

The  Interstate  Commerce  commission  was  created  in 
1887,  but  its  authority  has  since  been  strengthened  and 
broadened  by  several  different  acts  of  Congress.  All  of 
these  measures  related  to  railroad  regulation,  and  each  of 
them  was  intended  to  delegate  to  the  commission  fresh 
powers  in  that  direction.  By  virtue  of  its  constitutional 
power  over  interstate  commerce.  Congress  can  prescribe 
the  conditions  under  which  the  railroads  that  cross  State 
boundaries  shall  serve  the  public,  and  this  power,  as 
the  courts  have  decided,  includes  the  right  to  fix  the  rates 
for  transportation  of  passengers  and  freight,  provided 
that  such  rates  be  reasonable.  As  it  would  not  be  prac- 
ticable for  Congress  to  regulate  directly  the  operations 
of  a  vast  and  complicated  network  of  railroads,  it  dele- 
gated the  power  to  the  Interstate  Commerce  commission. 

By  virtue  of  this  grant,  the  authority  of  the  com- 
mission applies  to  all  railroads  (or  common  carriers) 
engaged  in  interstate  transportation ;  to  express  and 
sleeping-car  companies ;  to  the  owners  of  pipe  lines  trans- 
mitting oil  or  other  commodities,  excepting  water  and 
natural  or  artificial  gas ;  and  to  telegraph,  telephone  and 
cable  companies.  Practically  every  mechanical  detail  of 
railroad  operation  is  within  the  regulative  control  of  the 
commission.     It  has  at  its  command  verified  reports  and 


122  New  Era  Civics 

schedules  of  all  railroad  changes,  and  it  is  empowered 
not  only  to  fix  or  limit  rates,  but  to  compel  the  adoption 
by  the  railroads  of  such  safety  appliances  as  may  be 
essential  for  the  public  protection. 

The  'most  important  of  all  the  acts  of  Congress  en- 
larging the  power  of  the  Interstate  Commerce  commis- 
sion was  the  Transportation  act  adopted  in  February, 
1920.  By  this  measure  the  railroads  of  the  country,  which 
had  passed  under  the  control  of  the  government  for  war 
purposes  by  Presidential  proclamation  in  December,  1917, 
were  restored  to  their  owners.  By  the  terms  of  the  act 
the  government  agreed  to  lend  its  aid  to  strengthen  and 
encourage  the  railroad  systems,  which  in  many  instances 
were  in  poor  financial  condition  and  in  pressing  need  of 
new  equipments  after  the  hard  usage  of  war  service. 
With  this  end  in  view,  it  was  provided  in  the  law  that 
the  Interstate  Commerce  commission  should  ascertain 
and  publish  the  total  value  of  the  property  of  the  rail- 
roads, and  provide  new  freight  and  passenger  rates  which 
would  yield  the  roads  five  and  one-half  per  cent  income 
on  the  value  of  their  property,  as  thus  determined.  To 
this  railroad  income  the  commission  was  authorized  to 
allow  an  addition  of  one-half  of  one  per  cent  in  revenue 
for  necessary  improvements  and  equipments.  At  the 
same  time  the  membership  of  the  commission  was  in- 
creased from  nine  to  twelve. 

17.  The  Railroad  Labor  Board. — The  Transportation 
act  further  provided  for  the  appointment  of  a  Railroad 
Labor  Board  for  the  hearing  and  settlement  of  disputes 
between  the  railroad  companies  and  their  employes. 
The  object  of  Congress  in  creating  this  agency  was  to 
lessen,  and,  if  possible,  prevent,  the  danger  of  railroad 
strikes,  by  the  help  of  an  official  tribunal  to  which  the 
railroads   or  their  men   could   appeal  when   differences 


The  Cabinet  and  the  Departments       123 

should  arise  between  them.  The  board  is  composed  of 
nine  members,  all  of  them  appointed  by  the  President 
with  the  consent  of  the  Senate.  They  must  be  so  selected 
that  three  of  them  represent  the  railroad  w^orkers,  three 
the  railroad  companies,  and  the  remaining  three  the 
public  interests. 

Soon  after  the  appointment  of  its  original  members, 
the  Railroad  Labor  Board  was  called  upon  to  decide  a 
question  of  the  first  magnitude,  namely,  the  claim  of  the 
great  army  of  railroad  workers  for  increased  wages. 
After  prolonged  consideration,  the  Board  announced  its 
awards,  whereby  the  men  were  allowed  wage  increases 
amounting  to  approximately  $600,000,000  in  the  aggre- 
gate. It  w^as  then  necessary  for  the  Interstate  Com- 
merce commission  to  act  upon  a  petition  of  the  railroad 
companies  for  increased  freight  and  passenger  rates,  to 
meet  not  only  their  need  of  improvements,  but  also  their 
added  operating  expenses  due  to  the  w^age  awards  of  the 
Railway  Labor  Board.  On  July  31,  1920,  the  Board  ren- 
dered its  decision  granting  the  roads  permission  to 
advance  their  rates  by  a  total  estimated  at  $1,100,000,000. 
Owing  to  the  business  and  industrial  depression  the 
Labor  board  in  the  summer  of  1921  authorized  the  rail- 
roads to  make  a  twelve  per  cent  wage  reduction.  The 
sequel  was  the  threat  of  a  general  railroad  strike  in  the 
following  October,  but  through  the  agency  of  the  Labor 
Board  it  was  averted. 

18.  Other  Miscellaneous  Departments. — The  Civil 
Service  commission  performs  an  exceedingly  useful  func- 
tion in  framing  and  enforcing  the  rules  for  the  merit 
system  of  appointments  to  office  and  in  otherwise  co- 
operating with  the  President  for  its  faithful  administra- 
tion. The  commission  is  held  responsible  for  conducting 
competitive   examinations   to    test   the    fitness    of   appli- 


124  New  Era  Civics 

cants  for  the  classified  service,  for  listing  those  with  the 
best  ratings,  for  a  fair  apportionment  of  appointments  in 
the  various  departments  among  the  States  and  for  the 
protection  of  officials  in  the  classified  service  from 
political  oppression  from  any  source. 

The  Federal  Trade  commission,  created  in  1914,  is 
armed  with  large  powers  of  inspection  and  supervision 
with  regard  to  business  corporations.  It  keeps  elaborate 
records  of  corporate  activities  and  one  of  its  most  valuable 
missions  is  the  detecting  of  corporate  abuses,  such  as 
unfair  competition,  restraint  of  trade  and  other  violations 
of  the  various  Federal  statutes  for  the  regulation  of 
corporations,  trusts  and  monopolies. 

The  United  States  Shipping  Board  made  its  advent 
seven  months  before  our  entrance  into  the  World  War, 
through  an  act  of  Congress  "for  the  purpose  of  encourag- 
ing and  developing  a  naval  auxiliary  and  a  naval  reserve, 
and  a  merchant  marine  to  meet  the  requirements  of  the 
commerce  of  the  United  States  with  its  territories  and 
possession  and  with  foreign  countries."  With  this  end 
in  view,  the  Shipping  Board  was  clothed  with  large  dis- 
cretionary powers  for  the  construction  and  purchase  of 
equipment  and  the  lease  or  charter  of  vessels  suitable 
for  naval  auxiliaries  in  time  of  war ;  and  this  was  a  for- 
tunate anticipation  of  the  necessities  that  later  confronted 
it.  At  the  very  inception  of  its  task  $50,000,000  was 
placed  at  the  command  of  the  Shipping  Board  by  Con- 
gress. During  the  war  it  played  a  notable  part  in  the 
mobilization  of  the  country's  maritime  resources. 

The  task  imposed  upon  the  Tariff  commission,  created 
in  1916,  is  largely  one  of  investigation.  Owing  to  con- 
stitutional limitations,  its  power  can  go  no  further  than 
the  preparation  of  reports  and  recommendations  for  sub- 
mission to  Congress.     The  enactment  of  tariff  laws  is 


The  Cabinet  and  the  Departments        125 

a  right  Congress  cannot  legally  delegate  to  any  outside 
body.  It  can,  if  it  chooses,  receive  the  suggestions  of 
the  tariff  commission  covering  revised  rates  of  import 
duties  and  proceed  to  embody  them  in  law.  But  its  own 
discretion  in  the  matter  is  absolute,  and  the  commission 
acts,  therefore,  solely  in  an  advisory  capacity.  In  this 
respect,  however,  it  serves  a  useful  purpose  through  its 
exhaustive  inquiries  into  the  tariff  systems  of  other  coun- 
tries and  the  legitimate  needs  of  our  own  producers  in 
the  matter  of  protection  from  foreign  competition. 

The  commission  has  a  staff  of  tariff  experts  at  its 
disposal,  and  their  data  and  advice  are  of  great  service 
to  the  Ways  and  Means  committee  of  the  House  and  the 
Finance  committee  of  the  Senate  in  the  drafting  or 
amending  of  tariff  bills.  After  the  World  War  the  tariff 
question  became  more  complicated  owing  to  the  dis- 
turbed rates  of  exchange,  which  were  in  turn  due  to  the 
enormous  issues  of  paper  money  and  scarcity  of  gold 
in  Europe. 

Question  Guide  to  Chapter  VII 

1.  By  what  body  was  the  Cabinet  originally  established?  Of 
how  many  members  did  it  consist?  How  many  Federal  depart- 
ments were  represented  in  the  Cabinet?  Give  official  title  of  each 
officer. 

2.  Name  the  first  in  rank  of  the  Cabinet  members,  and  what 
distinguishes  him  as  such.  Name  some  of  the  famous  men  who 
first  held  this  post.  What  precedent  has  been  established  by  the 
Presidents-elect  in  the  tendering  of  this  honor?  Where  does  the 
Secretary  of  State  sit  at  Cabinet  meetings,  and  what  days  of  the 
week  are  such  meetings  held?  Of  what  officials  is  he  chief?  What 
assistants  has  he?  Tell  something  of  his  executive  duties.  What 
are  his  ceremonial  duties?  Tell  something  of  the  consuls  and 
their  importance. 

3.  What  is  the  standing  of  the  Secretary  of  the  Treasury? 
Name  some  of  his  duties.    Of  what  important  body  is  he  chairman? 


126  New  Era  Civics 

4.  In  addition  to  all  other  duties  imposed  upon  the  office  of 
Secretary  of  the  Treasury,  what  power  is  often  conferred  upon  him 
by  Congress?  Name  some  of  the  Secretary's  official  subordinates 
and  their  special  duties.  What  has  added  materially  to  the  duties 
of  the  Commissioner  of  Internal  Revenue?  Tell  some  of  the  re- 
sponsibilities attached  to  the  office  of  Secretary  of  Treasury  as 
regards  health  protection.  What  other  duties  has  he  outside  of 
government  finances? 

5.  To  what  officials  is  the  duty  of  collecting  the  Internal  Revenue 
taxes  assigned  ?  What  is  the  duty  of  the  Collectors  of  Customs  and 
where  are  they  stationed? 

6.  State  the  general  responsibilities  of  the  War  and  Navy 
Secretaries?  Why  are  civilians  chosen  to  fill  these  offices?  Where 
is  the  military  direction  of  the  army  placed?  How  many  officers 
has  the  General  Stafif  Corps?  Name  the  other  officers  whose  duties 
pertain  to  the  army.  What  high  military  rank  was  revived  during 
the  World  War?  Tell  something  of  our  military  school  at  West 
Point?  With  what  power  is  the  Secretary  of  the  Navy  nivested? 
What  are  some  of  the  subdivisions  of  the  department? 

7.  Of  what  department  is  the  Attorney  General  the  head?  He 
is  charged  with  what  obligation?  Of  what  Federal  officials  is  he  the 
chief?     Tell  about  these  officers,  and  how  they  are  distributed. 

8.  Tell  of  the  business  intrusted  to  the  Postmaster  General. 
What  materially  increased  the  expansion  of  the  mail  system?  In 
what  year  was  the  system  of  parcel  post  introduced?  What  appoint- 
ments are  made  by  the  Postmaster  General? 

9.  Indicate  the  scope  of  the  duties  of  the  Secretary  of  Interior. 
When  was  this  department  created,  and  what  was  its  original  vnis- 
sion?  Name  some  of  the  important  bureaus  of  the  Interior  depart- 
ment. 

10.  How  has  the  Interior  department  rendered  notable  service? 
How  has  this  been  accomplished?  What  is  the  relation  of  this 
department  to  the  Indians?     Tell  something  of  the  Pension  Bureau. 

11.  What  is  the  mission  of  the  Department  of  Agriculture?  Tell 
how  the  production  of  our  food  supply  is  encouraged  by  this  depart- 
ment.   In  what  other  ways  have  we  been  served  by  the  department? 

12.  What  are  the  duties  of  the  Department  of  Commerce?  It  is 
protective  in  what  respect? 

13.  The  Department  of  Labor  was  organized  for  what  special 
purpose?     How  is  this  department  helpful  to  aliens? 


The  Cabinet  and  the  Departments       127 

14.  Tell  something  about  the  laws  for  regulating  immigration. 
What  law  of  this  kind  was  passed  over   President  Wilson's  veto? 

15.  What  is  the  Americanization  movement,  and  what  are  its 
general  aims? 

16.  Name  some  of  the  most  conspicuous  Federal  commissions. 
When  was  the  Interstate  Commerce  commission  created,  and  how 
has  it  since  been  strengthened?  What  constitutional  right  is  exer- 
cised by  Congress  over  the  railroads?  Why  did  Congress  transfer 
this  power  to  the  commission?  What  important  act  of  Congress 
added  largely  to  the  commission's  authority? 

17.  What  is  the  Railroad  Labor  Board,  and  what  was  the  object 
of  Congress  in  creating  it?  What  remarkable  developments  in  1920 
and  1921  strikingly  illustrated  the  powers  of  the  Railroad  Labor 
Board  and  the  Interstate  Commerce  commission? 

18.  How  is  the  Civil  Service  commission  useful?  What  are 
some  of  its  responsibilities?  When  was  the  Federal  Trade  com- 
mission created?  What  is  its  most  important  mission?  When  and 
why  was  the  United  States  Shipping  Board  established?  The  Tariff 
commission  was  created  in  what  year?  What  is  the  nature  of  its 
functions  ? 


CHAPTER  VIII 

THE    CURRENCY 

Elasticity  to  our  circulating  medium,  and  just  enough  of 
it  to  transact  the  legitimate  business  of  the  country  and  to 
keep  all  industries  employed,  is  what  is  most  to  be  desired. — 
President  Ulysses  S.  Grant, 

1.  Money,  Its  Origin  and  Uses. — One  of  the  most 
familiar  and  necessary  powers  of  every  civilized  nation 
is  that  of  issuing  money  for  the  use  of  its  people.  Money 
is  best  defined  as  a  medium  of  exchange.  It  was  first 
introduced  to  make  trade  in  commodities  more  con- 
venient. In  ancient  days  men  exchanged  their  products 
and  property  directly  for  other  products  and  property 
of  which  they  stood  in  greater  need.  It  was,  of  course, 
difficult  to  find  an  even  basis  of  exchange  in  the  case 
of  dissimilar  articles,  and  the  whole  system  was  crude 
and  awkward. 

As  time  went  on,  primitive  men  advanced  a  little 
toward  better  conditions  by  agreeing  to  use  some 
standard  commodity  like  cattle,  grain  and  furs  and,  still 
later,  tobacco  as  a  medium  of  exchange.  For  example, 
in  our  country  in  the  early  days  a  trader  would  exchange 
a  coat  for  so  many  pounds  of  tobacco ;  and  then  he  would 
exchange  some  of  his  stock  of  tobacco  for  an  axe  or  a 
pair  of  shoes.  Other  common  articles  were  similarly 
used  to  make  trading  easier  by  making  values  as  equal 

as  possible. 

128 


The  Currency 


129 


But  this  was  only  a  slight  improvement.  As  civiliza- 
tion progressed  gold  and  silver  became  the  most  popular 
medium  of  exchange.  This  kind  of  money,  unlike  the 
paper  money  of  our  day,  had,  and  still  has,  a  real  (or 
intrinsic)   value  of  its  own.     Paper  money  was  the  last 


iiiuwn  Bros. 


The  Treasury  Building 

The    official   center    of    all    the    government's    financial    operations. 


to  make  its  appearance,  and  it  was  a  necessary  reliance 
because  the  supply  of  gold  and  silver  was  not  sufficient, 
and  metallic  money  in  large  amounts  was  too  heavy  and 
bulky  for  all  the  purposes  of  trade. 

Metal  money  and  paper  money  are  now  the  two 
kinds  everywhere  in  use  in  civilized  nations.  The  dif- 
ference   between    them    is    this:      The    value    of    paper 


130  New  Era  Civics 

money  is  not  actual,  or  inherent  in  the  thing  itself,  but 
is  due  to  the  security  behind  it  and  especially  to  the 
credit  of  the  government  which  issues  it  or  authorizes 
it  to  be  issued.  But  the  value  of  gold  money  belongs 
to  the  coin  itself,  as  determined  by  its  weight  and  fine- 
ness. If  a  $10  gold  piece  should  be  melted  down  the 
metal  would  be  worth  very  nearly  the  face  value  of  the 
coin.  In  the  United  States  silver  coins  have  an  intrinsic, 
or  metal,  value  that  varies  according  to  the  market  price 
of  silver.  But  they  are  always  as  good  as  their  face, 
whether  silver  is  cheap  or  not,  because,  in  addition  to 
the  value  of  the  metal,  the  credit  of  the  government  is 
back  of  them.  The  silver  in  a  dollar  or  fifty-cent  coin 
may  be  worth  less  than  the  face  value,  but  the  govern- 
ment issues  them  for  dollars  and  half  dollars  and  as  such 
they  are  accepted  in  the  daily  transactions  of  business. 
Paper  money,  unlike  gold  and  silver  coins,  has  no  real, 
intrinsic  value.     It  only  represents  value. 

2.  The  Government's  Money-Issuing  Power, — The 
United  States  government  issues  both  kinds  of  money — 
metallic  and  paper.  The  Constitution  (Article  I,  Sec- 
tion 8)  expressly  authorizes  Congress  to  coin  money  and 
to  regulate  the  value  thereof.  The  issue  of  paper  money 
is  one  of  the  implied  powers  of  the  government.  It  is 
an  attribute  of  national  sovereignty.  As  this  power  is 
not  withheld  by  the  Constitution,  it  is  exercised  by  Con- 
gress with  the  sanction  of  the  Supreme  Court.  The 
Federal  government  also  has  the  right  to  make  its  paper 
money  a  "legal  tender."  This  means  that  the  paper 
money  issued  by  the  government  itself  can  be  tendered, 
or  offered,  and  must  be  accepted,  in  payment  of  debts, 
public  or  private. 

The  Constitution  (Article  I,  Section  10)  forbids  the 
States  to  "coin  money,"  to  "emit  bills  of  credit"  (paper 


The  Currency 


131 


money)  or  to  "make  anything  but  gold  and  silver  coin 
a  legal  tender  for  the  payment  of  debts."  This  denial 
of  power  to  the  States  makes  reasonable  the  theory 
that  the  Constitution  intended  that  the  Federal,  or 
central,  government  alone  should  issue  legal-tender  cur- 
rency. 

The  government's  paper  money  is,  strictly  speaking, 
only  a  promise  to  pay  gold,  the  standard  metallic  money, 
on  demand.  But  the  government's  credit  is  so  good 
that  a  United  States  greenback,  a  $10  bill,  for  example, 
is  considered  as  valuable  as  its  face  equivalent  in 
gold.  Greenbacks  are,  in 
fact,  preferred  to  gold 
because  they  are  much 
easier  to  carry,  especially 
in  large  amounts.  Why 
is  the  greenback,  a  mere 
promise  to  pay,  "as  good 
as  gold"?  Because  the 
government's  credit  rests 
upon  all  the  resources 
of  the  nation  and  its 
people. 

When  Congress,  com- 
posed of  the  elected  rep- 
resentatives of  the  people,  orders  a  new  issue  of  paper 
money,  the  wealth  of  the  country  is  back  of  the  gov- 
ernment's promise  to  pay.  When  the  holder  of  paper 
money  knows  he  can  obtain  gold  for  it  from  the  Federal 
Treasury,  he  has  no  desire  to  make  the  exchange.  So 
our  paper  money  circulates  freely  everywhere  in  the 
country,  and  you  can  buy  as  much  with  a  hundred 
dollars  in  authorized  paper  currency  as  with  a  hundred 
dollars  in  gold. 


The   Philadelphia   Mint 

One    of    the    big    workshops    in    wliich 

Uncle     Sam     turns     out     his     metallic 

money. 


132 


New  Era  Civics 


3.  Our  Currency  Issues. — The  various  kinds  of 
money  now  in  use  in  the  United  States  may  be  classified 
as  follows : 

'^Gold  Coins 
Standard  Silver  Dollars 
Smaller  Silver  Coins 
Nickel  and  Copper  Coins 


Metallic  Moneys 


v^ 


Government  Paper  Issues 


rCold  Certificates 
I   Silver   Certificates 


United  States  Notes 
Treasury  Notes  of  1890 

[^National  Bank  Notes 
Bank  CurrencyJ  Federal  Reserve  Notes 

I  Federal  Reserve  Bank  Notes 

4.     The  Gold  and  Silver  Coin.— Our  gold  coins  weigh 

25.8  grains  to  the  dollar.     It  is  necessary,  however,  to 

harden  them  with  an  alloy, 
and  the  alloy  makes  one- 
tenth  of  their  weight.  The 
pure  gold  in  the  coins  is 
therefore  23.22  grains  to 
the  dollar. 

The  standard  silver 
dollar  weighs  412.5  grains. 
As  one-tenth  is  alloy  its 
total  of  pure  silver  is 
371.3  grains.  The  coinage 
of  silver  dollars  w^as  dis- 
continued in  1905. 

The     "subsidiary"     or 

Uiown  Bros.  .  ,  ., 

Weighing  Coins  fractional    Silver    coinage 

Automatic     machines     that     determine         }s  knOWU  tO  US  aS  half  dol- 

whether    every    coin    is    of   the    correct  ,      ]•.„„„ 

weight  and  fineness.  lars,  quartcrs  and  dimes. 


n 

41^       4l^-  Ml,            '•  jk. 

*V'V'^;V-; 

jHi^I  i 

tf^ 

m  ^1 

m 

l^y^"' 

-■• 

w 

m 

The  Currency  133 

They  do  not  contain  as  large  a  ratio  of  pure  silver  as  the 
standard  dollar.  In  five  dollars  made  up  of  halves, 
quarters  and  dimes  there  is  between  six  and  seven  per 
cent  less  of  pure  silver  than  in  five  standard  dollars. 
This  fractional  silver  currency  is  legal  tender  for  the 
payment  of  debts  only  up  to  the  sum  of  $10.  Beyond 
that  amount  a  creditor  can  demand  other  money. 

The  minor  coins  now  issued  are  the  five-cent  and  one- 
cent  pieces.  Though  the  five-cent  piece  is  known  as 
the  "nickel"  it  contains  three  parts  of  copper  to  one  of 
nickel.  The  penny  is  ninety-five  per  cent  copper,  with  a 
five  per  cent  alloy  of  tin  and  zinc.  This  "small  change" 
is  not  legal  tender  for  more  than  twenty-five  cents. 

5.  Our  Paper  Currency. — The  character  of  each  gov- 
ernment issue  of  paper  currency  is  plainly  indicated  on 
its  face.  Gold  and  silver  certificates  are  simply  issues 
of  paper  money  representing  gold  and  silver  coin  held 
by  the  Treasury.  The  lowest  denomination  for  gold  cer- 
tificates is  $10,  and  the  highest,  $10,000.  Silver  certificates 
range  from  the  $1  and  $2  denominations  up  to  $1,000. 

The  United  States  notes  are  the  kind  familiarly  known 
as  "greenbacks."  They  are  issued  in  denominations  of 
from  $1  to  $1,000.  They  were  first  issued  by  the  govern- 
ment during  the  Civil  War,  and  were  made  legal  tender 
for  the  payment  of  all  debts.  A  special  gold  reserve  of 
$150,000,000  is  retained  in  the  Federal  Treasury  for  their 
redemption.  The  limit  of  their  issue  is  something  legs 
than  $350,000,000,  and  the  gold  reserve,  backed  by  the 
credit  of  the  government,  makes  them  a  perfect  circulat- 
ing medium. 

The  Treasury  notes  of  1890  are  so  called  because 
Congress  authorized  their  issue  in  that  year.  This  issue 
has  been  discontinued  by  Congress,  and  the  Treasury 
notes  are  steadily  diminishing  in  volume  by  being  re- 


134  New  Era  Civics 

deemed  in  silver  dollars  or  gold  coin.  They,  too,  are 
legal  tender,  and  what  is  left  of  them  circulates  in 
denominations  of  $1  to  $1,000. 

These  are  the  government  issues  proper.  But  a  very 
important  part  of  our  currency  system,  the  bank  issues, 
is  still  to  be  considered.  The  bank  issues  have  been  a 
great  and  necessary  addition  to  the  volume  of  currency, 
and  under  recent  laws  they  help  to  satisfy  the  needs  of 
the  business  world  in  such  a  manner  as  to  diminish 
greatly  the  danger  of  money  scarcity. 

6.  National  Bank  Currency. — The  system  of  national 
banks  was  established  to  relieve  the  enormous  financial 
wants  of  the  government  during  the  Civil  War.  Under 
the  operation  of  the  National  Bank  act  passed  at  that 
time,  men  with  capital  were  encouraged  to  organize  banks 
of  this  class.  The  main  purpose  of  the  law  was  to  pro- 
vide a  convenient  agency  for  increasing  currency  with- 
out adding  too  much  to  the  large  volume  of  greenbacks 
in  circulation,  and  also  to  create  a  new  market  for  gov- 
ernment bonds — the  bonds  on  which  the  government 
borrowed  money  to  finance  the  war. 

The  device  by  which  this  end  was  gained  was  an 
ingenious  one.  When  a  national  bank  was  organized  with 
private  capital,  the  directors  were  authorized  to  issue 
currency  of  their  own  bank  on  conditions  which  made 
such  currency  as  safe  as  the  government's  own.  The 
system  worked  in  this  way :  A  bank  could  buy  $100,000  of 
interest-bearing  government  bonds.  The  bank  could  place 
these  bonds  in  the  United  States  Treasury  as  security 
for  issues  of  bank  notes  in  an  amount  somewhat  less  than 
the  total  of  the  bonds  deposited,  let  us  say,  $90,000. 
Thereupon  the  government  would  engrave  $90,000  of 
new  bank  notes  bearing  the  name  of  the  bank  applying 
for  them.    These  notes  would  be  forwarded  to  the  bank 


The  Currency  135 

and  be  signed  by  its  i^resident  and  cashier.  They  would 
next  be  passed  out  by  the  bank  in  the  course  of  its  busi- 
ness, in  the  shape  of  loans  to  customers,  or  otherwise, 
and  thus  they  would  become  a  part  of  the  general  circula- 
tion of  currency. 

7.  The  Advantages  of  the  System. — ^The  govern- 
ment, the  banks  and  the  public  were  all  gainers  from 
this  system.  Many  national  banks  were  organized, 
and  all  of  them  were  glad  to  use  their  currency-issuing 
privilege. 

In  the  first  place,  the  government  had  a  new  and  a 
great  market  in  which  to  sell  its  bonds.  This  advantage 
was  a  valuable  one  in  the  years  following  the  Civil  War, 
because  the  government  could  rely  upon  the  national 
banks  to  aid  it  in  refunding  some  of  its  big  war  loans. 
By  "refunding"  is  meant  replacing  a  bond  issue  with 
another  one  bearing  a  smaller  rate  of  interest.  When  it 
was  hard  pressed  for  money  during  the  war,  the  govern- 
ment was  obliged  to  offer  high  rates  of  interest — seven 
per  cent,  for  example — to  sell  its  bonds.  But  while  these 
bonds  might  run  for  a  long  period,  say  for  twenty  or 
thirty  years,  the  government  reserved  the  right  to  re- 
deem them  at  an  earlier  date — say,  in  five  years.  When 
peace  was  restored  and  the  country  gradually  recovered 
from  the  effects  of  the  war,  the  government  was  able  to 
sell  new  issues  of  bonds,  say,  at  five  per  cent  interest,  and 
to  take  up  the  seven  per  cent  bonds  with  the  proceeds,  thus 
saving  two  per  cent  interest.  This  refunding  operation 
went  on  extensively  for  the  twenty  years  and  more  follow- 
ing the  civil  conflict.  Owing  to  the  eager  demand  of  the 
national  banks  for  government  bonds  to  serve  as  a  basis 
for  bank  currency,  they  were  willing  to  take  the  new  bonds 
at  diminished  rates  of  interest  that  finally  fell  as  low  as 
two  per  cent.     Thus  the  government,  by  refunding,  was 


136  New  Era  Civics 

permitted  to  substitute  for  many  of  the  high-interest 
war  bonds  the  new,  low-interest  bonds  bought  by  the 
banks. 

In  the  second  place,  while  the  government  gained  from 
the  national  bank  system,  by  finding  a  constant  market 
for  its  bonds  and  by  getting  the  benefit  of  lower  interest 
rates,  the  banks  also  were  benefited  by  their  currency- 
issuing  privilege.  Supposing  that  a  bank  purchased 
$100,000  worth  of  government  bonds  paying  four  per  cent 
interest.  On  that  investment  its  income  was  $4,000  a 
year.  But  by  depositing  the  bonds  with  the  Treasury  the 
bank  could  obtain,  say,  $90,000  in  new  bank  currency  on 
that  security.  This  money  it  could  lend  to  its  customers 
and  its  profits  from  this  source  would  be  gained  in  addi- 
tion to  the  $4,000  of  interest  from  the  bonds.  It  was 
therefore  an  advantage  to  the  national  banks  to  invest  in 
government  bonds,  and  to  use  them  as  security  for 
new  currency  issues,  to  such  an  extent  as  their  banking 
business,  and  particularly  the  needs  of  their  borrowing 
customers,  warranted. 

In  the  third  place,  the  public  was  benefited,  because 
under  the  national  banking  system  the  country  was  sup- 
plied with  additional  currency  for  use  in  business  and 
manufacture  and  in  the  payment  of  labor.  The  national 
bank  notes  had  behind  them  not  only  the  capital  and 
credit  of  the  banks  of  issue,  but  also  the  credit  of  the 
government  itself,  in  the  shape  of  the  bonds  sold  to 
the  banks  and  deposited  by  the  banks  in  the  United 
States  Treasury  for  security. 

8.  Why  a  New  System  was  Needed. — As  the  years 
went  on,  however,  the  total  of  government  bonds — that 
is  to  say,  of  the  old  Civil  War  debt — steadily  diminished. 
The  time  for  which  many  of  them  were  issued  expired 
and  their  holders  were  paid  ofif.     In  consequence  of  this 


The  Currency  137 

reduction  of  the  war  debt,  the  bonds  that  could  be  pro- 
cured b_\-  the  banks  as  a  basis  for  their  currency  gradually 
lessened  in  amount.  Meanwhile  the  business  of  the 
country  and  its  currency  needs  rapidly  increased. 

From  time  to  time  Congress  enacted  laws  for  enlarg- 
ing the  supply  of  government  money ;  but  this  process 
alone  was  not  sufficient  to  meet  the  demands  for  money 
in  special  emergencies.  Congress,  moreover,  had  to  take 
proper  precautions  against  "inflating"  the  currency — that 
is,  against  increasing  the  volume  of  greenbacks  to  a 
point  where  the  government's  credit  would  be  strained. 
Under  the  new  conditions,  with  the  volume  of  govern- 
ment bonds  available  for  bank  purchase  materially  cut 
down,  serious  defects  became  apparent  in  the  old  system 
of  national  bank  currency.  Every  bank's  supply  of  new 
bills  of  its  own  issue  was,  of  course,  limited  by  the 
amount  of  its  government  bonds  deposited  for  security. 
It  had  no  other  way  of  enlarging  its  currency  to  satisfy 
the  unusual  needs  of  local  trade  and  industry. 

It  was  then  recognized  that  bank  currency  was  not 
elastic  enough.  It  was  too  rigid ;  it  could  not  be  ex- 
panded to  keep  pace  with  the  demands  of  business,  manu- 
facture and  agriculture  at  exceptional  times.  The  result 
was  sometimes  disastrous.  In  periods  of  financial 
stringency,  or  money  shortage,  the  banks  were  unable 
to  ease  the  situation  and  violent  panics  took  place.  These 
panics  were  usually  begun  by  a  rush  of  frightened  bank 
depositors  for  their  money.  When  the  bank's  funds  were 
exhausted  in  this  way,  it  had  to  close  its  doors.  One 
suspension  of  this  kind,  in  panicky  times,  frequently  led 
to  others.  Thus  money  became  "tight,"  and  business 
suffered.  After  much  damaging  experience  of  this  kind, 
financial  experts  and  leaders  in  Congress  agreed  that  the 
weak  spot  in  the  national  banking  system  was  the  re- 


138  New  Era  Civics 

quirement  that  its  currency  issues  be  limited  to  the  basis 
of  one  kind  of  security — government  bonds.  After  a  long 
investigation  a  remedy  was  found,  and  it  took  the  form 
of  the  Federal  Reserve  act  passed  by  Congress  in  1913. 

THE  NEW  CURRENCY  ERA 

9.  The  Federal  Reserve. — Under  the  nev^  system  the 
old  national  bank  issues,  secured  by  government  bonds, 
w^ere  left  in  circulation,  but  another  and  abundant  kind 
of  security  for  bank  currency  was  authorized  by  the  law. 
It  was  commercial  paper — that  is  to  say,  the  promissory 
notes  of  business  and  manufacturing  concerns  on  which 
the  national  banks  make  most  of  their  loans.  In  the 
vaults  of  every  important  national  bank  is  commercial 
paper  of  this  kind  valued  at  millions  of  dollars.  It  repre- 
sents the  borrowings  of  business  men  and  industrial 
corporations  to  finance  their  operations,  to  enlarge  their 
plants  and  to  provide  funds  for  fresh  purchases.  Every 
promissory  note  of  this  kind  discounted  (as  the  process 
of  advancing  money  is  called)  by  the  banks  is  backed  by 
the  property  and  credit  of  the  business  man,  firm  or 
corporation  that  applies  for  the  loan.  Each  note  runs 
for  a  given  time,  as,  for  example,  three  months  or  six 
months,  after  which  it  is  paid  or  renewed.  The  proceeds 
of  this  commercial  paper  when  it  is  discounted,  or  cashed, 
at  the  banks,  are  used,  to  a  large  extent,  in  industry. 
The  paper,  therefore,  represents  production ;  and  the 
quantity  of  such  paper  held  by  the  banks  of  a  community, 
at  a  given  time,  is  a  measure  of  the  community's  business 
and  industrial  needs. 

10.  The  New  Currency  Basis. — The  advocates  and 
framers  of  the  Federal  Reserve  act  considered  that  it 
would  be  a  wise  step  to  permit  the  national  banks  to 
issue   currency   on   the   basis   of  the   commercial   paper 


The  Currency  139 

held  by  them.  The  idea  was  not  a  new  one.  It  had  been 
put  in  force  in  European  countries  and  in  Canada  with 
good  results.  Bank  currency  of  this  kind  was  called 
"asset  currency,"  because  it  was  issued  on  the  security 
of  the  assets,  or  resources,  of  those  concerns  that  had 
borrowed  on  their  promissory  notes,  and  also  on  the 
assets  of  the  banks  issuing  the  currency.  The  principle 
of  "asset  currency"  is  indicated  by  a  simple  illustration. 
A  manufacturing  company  doing  a  large  business  and 
having  first-class  credit  discounts  a  note  for  $100,000. 
The  note  is  secured  by  the  company's  property  and 
production.  It  therefore  represents  solid  value.  Why 
not,  then,  use  it  as  security  for  bank  currency  issues, 
instead  of  leaving  it  idle  and  unproductive?  In  Europe 
and  Canada  this  question  was  answered  by  authorizing 
the  issue  of  such  bank  currency. 

The  banking  currency  now  known  as  the  Federal 
Reserve  issues  is  simply  a  variation  of  the  old  national 
bank  currency.  The  old  currency  system  enabled  the 
banks  to  use  government  bonds  as  a  basis  of  circulation, 
while  the  Federal  Reserve  permits  the  use  of  commercial 
paper  in  place  of  the  bonds. 

The  new  system  is  tmder  the  supervision  and  control 
of  one  big  central  organization,  which  has  the  co-opera- 
tion of  a  number  of  minor  organizations. 

11.  Features  of  the  New  Plan. — The  central  organi- 
zation is  known  as  the  Federal  Reserve  Board.  The 
Secretary  of  the  Treasury  and  the  Comptroller  of  the 
Currency  are  ex  officio  (by  virtue  of  their  offices)  mem- 
bers of  the  Board.  There  are  five  other  members,  nomi- 
nated by  the  President  and  confirmed  by  the  Senate. 
The  chief  executive  officer  of  the  Board  is  designated  as 
its  Governor  when  he  is  appointed  by  the  President, 
and   the   next   in   rank   is   similarly   designated   as   Vice 


140 


New  Era  Civics 


Governor.  These  two  officers  correspond  in  rank  and 
authority  with  the  President  and  Vice  President  of  any 
banking  organization. 

Besides  creating  the  Federal  Reserve  Board,  the  act 
of  1913  divided  the  country  into  twelve  Federal  Reserve 
districts,  in  each  of  which  the  most  important  city,  such 
as    Boston,    New    York,    Philadelphia,    Chicago    or    San 


•    rtDERALRtSERVr  BANKCmtS 
O    rCDCRALRtSERVC  BRANCH  CITIES 


The  Banking  Districts 

This   map    shows    the   twelve   Federal   Reserve   districts    as    they   were   estab- 
lished   by    the    act    of    1913.      The    heavy    lines    mark    the    boundaries    of    the 

districts. 


Francisco,  was  to  be  the  Federal  Reserve  city  and  the 
seat  of  the  Federal  Reserve  bank  for  the  district.  Each 
national  bank  was  required  to  become  a  member  of  the 
Federal  Reserve  bank  of  the  district,  and  it  was  further 
provided  that  State  banks  and  trust  companies  complying 
with  certain  requirements  might  also  become  members. 
Each  of  the  member  banks  was  obliged  to  subscribe 
to  the  capital  stock  of  the  Federal  Reserve  bank  of  its 


The  Currency  141 

district  an  amount  equal  to  six  per  cent  of  its  own  paid-up 
capital  stock  and  surplus. 

It  is  unnecessary  here  to  describe  the  mechanism  of 
the  system  further  than  to  say  that  each  Federal  Reserve 
bank  does  not  do  business  directly  with  the  public,  but 
is  rather  a  bank  for  the  other  banks  or  bankers  of  the 
district;  and  that  one  of  its  useful  functions  is  to  be  a 
source  of  supply  for  the  currency  known  as  Federal  Re- 
serve notes.  The  holders  of  these  can  readily  identify 
them  by  their  inscriptions. 

The  government  is  represented  in  the  twelve  Federal 
Reserve  banks.  Each  of  these  twelve  banks  has  nine 
Directors — six  chosen  by  the  member  banks  (three  from 
the  banks  themselves  and  three  from  outside  commercial 
or  industrial,  including  agricultural,  interests),  and  the 
other  three  named  by  the  Federal  Reserve  Board  at 
Washington.  The  last  named  may  be  called  the  govern- 
ment's representatives. 

12.  How  the  System  Works. — The  operation  of  the 
system  can  be  briefly  described  as  follows :  The  issue  of 
Federal  Reserve  currency  is  regulated  by  the  Federal 
Reserve  banks.  But  if  a  member  bank  in  any  city  of 
the  country  desires  additional  currency  it  can  forward 
commercial  paper  of  the  required  amount  to  the  Federal 
Reserve  bank  of  its  district  and  receive  the  equivalent 
in  money.  This  process  is  called  "rediscounting."  It 
enables  the  local  banks  to  keep  supplied  with  funds  up 
to  the  limit  of  their  needs,  by  rediscounting  their  com- 
mercial paper.  The  Federal  Reserve  bank  in  each  case 
accepts  from  its  member  banks  the  promissory  notes  on 
which  they  have  made  loans,  and  transmits  to  them 
currency  in  exchange  for  the  paper.  When  any  of  this 
commercial  paper  is  paid  by  the  business  man,  firm  or 
corporation    whose    name    is    signed    to    it,    it    must   be 


142  New  Era  Civics 

replaced  in  the  Federal  Reserve  bank  by  other  com- 
mercial paper  or  "taken  up"  at  the  Federal  Reserve  bank 
with  currency.  When  the  member  bank  has  more  cur- 
rency on  hand  than  it  can  profitably  use,  it  redeems 
with  currency  a  portion  of  its  commercial  paper  deposited 
with  the  Federal  Reserve  bank.  It  has  every  motive 
to  do  this,  inasmuch  as  it  has  to  pay  interest  on  all  its 
rediscounted  paper  in  the  hands  of  the  Federal  Reserve 
bank.  This  interest  rate  is  low  in  normal  times,  but  it  is 
sometimes  raised  in  order  to  prevent  inflation  of  the 
currency. 

Thus  the  volume  of  currency  at  the  command  of  each 
bank  can  be  increased  or  diminished  at  will  according 
to  its  needs  and  the  needs  of  its  patrons.  Its  currency 
rises  and  falls  in  volume,  like  the  waters  of  a  reservoir, 
in  response  to  the  public  requirements.  The  chief  merit 
of  the  system  is  that  it  can  be  regulated  by  the  increase 
or  decline  of  business  activity  and  of  industrial  and 
agricultural  production.  It  is  generally  believed  that 
the  danger  of  sudden  money  scarcity  such  as  occasionally 
troubled  the  country  under  the  old  banking  system  has 
been  greatly  lessened  by  the  Federal  Reserve  law. 

13.  How  Federal  Reserve  Money  is  Made  Safe. — 
Like  the  old  national  bank  currency,  the  Federal  Reserve 
issues  of  money  have  behind  them  the  credit  of  the 
government.  Indeed,  they  are  fortified  by  a  five-fold 
security.  First  there  is  the  credit  of  the  person,  firm 
or  corporation  discounting  the  commercial  paper  at  the 
local  member  bank.  Then  there  is  the  credit  of  the  local 
member  banks  supported  by  their  stock  holdings  in  the 
Federal  Reserve  bank.  Next  comes  the  credit  of  the 
Federal  Reserve  bank,  representing  many  member  banks 
and  their  resources.  In  addition  to  all  this,  the  Federal 
Reserve  act  requires  that  all  bank  currency  issued  must 


The  Currency 


143 


be  further  secured  by  a  gold  reserve  equal  to  forty  per 
cent  of  its  value.  Finally,  Federal  Reserve  currency  is 
an  obligation  of  the  United  States  government  redeem- 
able in  gold  on  demand  at  the  Federal  Treasury.  This 
last  named  security  is  strengthened  by  the  fact  that  the 
whole  system  is  operated  under  the  direction  of  a  Federal 
Reserve  Board  in  which  two  officials  directly  represent 
the  United  States  Treasury  department  and  the  others 
are  appointed  by  the  Pr-esident. 

Neither  the  old  national  bank  currency  nor  the  Fed- 
eral currency  is  legal  tender.  But  that  does  not  detract 
from  its  value  as  money, 
because  it  can  be  ex- 
changed for  legal-tender 
money  at  the  national 
banks  or  at  the  Treasury, 
and  it  freely  circulates 
for  every  purpose,  includ- 
ing the  payment  of  debts. 

14.  A  Great  Addition 
to  the  Currency. — The 
Federal  Reserve  issues 
now  constitute  by  far 
the  largest  volume  of 
currency  in  circulation. 
They  reached  an  enor- 
mous volume  during  the 
World  War,  and  when  the 
armistice  was  signed  in 
November,  1918,  the  total 
of  this  currency  in  circu- 
lation exceeded  $2,600,- 
000,000  as  compared  with 
$1,200,000,000  in  gold  and 


_  ^—.aa/^^a^ 

■|;ai! 

fill  h 

8i   11  11  II  i 
11   II  11  II  If , 

lii 

fn 

!i "  "i 

3I 

A  Federal  Reserve  Storehouse 

A  big  structural  annex  of  the  Federal 
Reserve  bank.  New  York  City.  It  is 
located  at  Maiden  Lane  and  Gold 
Street.  In  this  great  fireproof  build- 
ing the  files,  records,  stationery  and 
supplies  of  the  bank  are  kept.  In  1921 
this  bank,  the  ofiicial  center  of  the 
greatest  of  the  Federal  Reserve  dis- 
tricts, had  about  3,000  employes. 


144 


New  Era  Civics 


silver  coin  and  certificates  and  about  the  same  amount 
in  all  other  kinds  of  currency. 

The  old  national  bank  currency  is  being  slowly  retired 
from  circulation  under  the  provisions  of  the  Federal 
Reserve  act ;  but  it  still  runs  into  the  hundreds  of  mil- 
lions of  dollars,  and  is  therefore  an  important  part  of 
the  circulating  medium.  Most  of  it  is  secured  by  two-per- 
cent government  bonds.  National  banks  that  retire  their 
bond-secured  currency  can  replace  them  with  the  Federal 
Reserve  Bank  Notes  mentioned  in  the  table  of  currency 
issues  in  this  chapter.  This  currency  is  distinct  from 
the  far  more  plentiful  Federal  Reserve  proper,  because 
it  is  based  solely  on  government  bonds.  It  is  a  com- 
paratively small  currency  item,  because  it  is  intended 
only   to  take  the  place  of  the  old   national  bank  notes 

as  they  are  slowly  with- 
drawn from  circulation. 
15.  The  Coining  of 
Money. — The  departments 
for  making  the  money 
issued  by  the  government 
or  under  its  authority  are 
important  branches  of  the 
public  service.  The  United 
States  mints,  where  our 
metal  money  is  coined, 
are  located  in  Phila- 
delphia, New  Orleans, 
San  Francisco,  Denver 
and  Carson  City.  Each  of 
the  mints  is  in  charge  of 
a  superintendent,  but  all 
of  them  are  under  the 
official  supervision  of  the 


Brown  Bros. 

Vigilance  in  the  I\Iint 

Examining  coins  for  possible  defects 
in  stamping  and  in  milling  the  edges. 
The  belt  carries  the  coins  so  that  both 
sides  are,  in  turn,  exposed  to  scrutiny. 
The  work  requires  the  keenest  eye- 
sight. The  hopper  pictured  above 
holds   $20,000   in   $2.50   gold  coins. 


The  Currency 


145 


Director  of  the  Mint,  a  high  official  of  the  Treasury 
department.  When  gold  is  brought  to  one  of  the  mints 
to  be  coined,  the  metal  is  first  subjected  to  a  careful 
process,  called  assaying, 
to  ascertain  its  degree  of 
purity.  It  is  next  put 
through  a  melting  opera- 
tion by  which  all  foreign 
material  is  removed.  The 
alloy  is  then  added.  With- 
out the  alloy  it  would  be 
too  soft  to  stand  the  wear 
of  money.  The  annealing 
process  comes  next,  by 
wdiich  the  gold  is  run  be- 
tween rollers  several  times 
until  it  becomes  a  strip  of 
gold  of  the  right  thick- 
ness for  the  proposed  coin. 
This  strip,  or  flat  bar,  is 
then  put  through  a  huge  stamping  machme  which  rapidly 
cuts  out  of  it  the  coins  of  gold  as  a  cooky-cutter  cuts  out 
cookies.  Finally  the  inscriptions  are  stamped  on  both 
sides  of  the  coins  by  a  large  machine  which  presses  them 
between  engraved  dies.  The  same  mechanical  method 
is  employed  in  the  making  of  silver,  nickel  and  copper 
coins. 

16.  The  Engraving  of  Money. — All  paper  money  is 
manufactured  for  the  government  or  for  the  Federal 
Reserve  banks  by  the  Bureau  of  Engraving  and  Printing 
at  Washington,  the  chief  of  which  is  another  official  of 
the  Treasury  department.  The  mechanical  principle 
applied  in  the  printing  of  money  resembles  that  of  the 
small   printing   press,   but   before   the   printing   stage   is 


iinjun  Urus. 

Bank  Notes  in  the  Raw 

These  women  employes  of  the  Bureau 
of  Engraving  are  engaged  in  trimming 
by   machinery   the   edges   of   newly   en- 
graved   bank    bills. 


146 


New  Era  Civics 


reached  the  preparation  of  the  engraved  plates  is  a  long 
and    extremely    delicate    task,    performed    by    the    most 

expert  engravers.  Great 
care  is  taken  to  guard  the 
plates  from  theft  and  to 
keep  the  impressions  from 
being  duplicated.  No  one 
but  the  workers  is  ad- 
mitted to  the  engraving 
rooms,  and  each  engraver 
is  allowed  to  produce  only 
a  part  of  a  plate.  When 
each  engraved  plate  is 
completed,  duplicates  are 
made  from  it  by  a  me- 
chanical process,  and  it  is 
with  the  duplicate  plates 
that  the  money  is  printed. 
The  paper  used  is  of  the 
toughest  linen,  and  the  method  of  manufacture  is  a  well 
kept  secret.  Two  features  of  each  government  bill  that 
make  it  particularly  difficult  to  counterfeit  are  the  finely 
engraved  portraits  and  the  fine  lines  running  through  the 
bills.  These  lines  are  made  upon  the  original  plates  by  a 
geometric  machine  which  turns  out  the  lines  in  endless 
varieties  of  combinations. 


r^ 

^ 

»P^ 

^hH>^^^            -^  ^^ 

BHH^^^H^^I^P^  "^ 

liiuuu  uros. 

Numbering  the  Notes 

A  scene  in  what  is  known  as  the  sur- 
face   division    of    the    Bureau    of    En- 
graving, vliere  every  new  bank  bill  is 
numbered    by    machinery. 


Question  Guide  to  Chapter  VIII 

1.  How  would  you  define  money?  How  was  trade  conducted 
in  the  ancient  days?  What  rude  kind  of  barter  was  afterwards 
adopted?  What  precious  metals  were  finally  used  for  money?  Why 
was  paper  luoney  introduced?  What  is  the  difference  between  paper 
money  and  metal  money?  What  gives  paper  monej^  its  value?  Why 
is  a  gold  coin  worth  its  face  value?    What  determines  the  real  value 


The  Currency  147 

of  silver  coins  in  this  country?  \\  hj^  are  such  coins  worth  their 
face  when  silver  is  cheap?  Has  paper  currency  any  intrinsic  value? 
If  not,  why  is  it  prized? 

2.  By  what  authority  does  the  government  coin  money?  Has 
it  also  the  right  to  issue  paper  money,  and  why?  What  is  legal 
tender?  How  would  you  describe  the  government's  paper  money? 
Why  is  the  government's  paper  money,  a  promise  to  pay,  as  good 
as  gold? 

3.  Name  the  different  classes  of  money  now  in  use  in  the  United 
States. 

4.  How  many  grains  of  pure  gold  to  the  dollar  do  our  gold 
coins  contain?  What  part  of  the  gold  coin  is  alloy?  Why  is  the 
alloy  necessary?  How  much  pure  silver  does  the  silver  dollar 
contain?  Is  the  proportion  of  silver  as  large  in  the  half  dollars, 
quarters  and  dimes?  What  metals  are  used  in  the  coining  of  the 
nickels  and  pennies? 

5.  \\'hat  are  gold  and  silver  certificates  ?  What  are  their  lowest 
and  highest  denominations?  How  are  the  United  States  notes 
familiarly  known?  \\  hen  were  they  first  issued  by  the  government? 
What  is  the  present  limit  of  their  circulation?  How  and  why  are 
the  Treasury  notes  of   1890  diminishing  in  volume? 

6.  ^\'hat  were  the  two  purposes  of  the  National  Banking  act 
passed  during  the  Civil  War?  What  method  did  the  new  national 
banks  follow  when  they  wished  to  obtain  fresh  currency? 

7.  ^^  hat  were  the  advantages  of  the  new  system  ?  How  was 
the  government  benefited  through  the  aid  of  the  banks?  How  was 
the  public  at  large  benefited  by  the  new  system? 

8.  \\'hen  the  government  bonds  were  gradually  paid  off  and 
refunded,  what  was  the  effect  on  the  banks  ?  How  was  their  currency- 
issuing  power  hampered?  What  defect  then  appeared  in  the 
national  bank  currency?  Why  was  it  not  considered  elastic  enough? 
What  famous  law  was  passed  by  Congress  to  provide  a  remedy? 

9.  What  was  the  new  basis  of  security  for  bank  currency? 
Describe  "commercial  paper."  For  what  purposes  is  money  borrowed 
from  the  banks  on  commercial  paper,  or  promissory  notes?  What 
is  the  security  back  of  the  borrowers?  What  does  the  commercial 
paper  held  by  the  banks  of  a  community  largely  represent? 

10.  Was  the  United  States  the  first  country  to  put  in  practice 
the  idea  of  issuing  bank  currency  secured  by  commercial  paper? 
W^hat  was  such  currency  called  in  Europe  and  Canada,  and  why? 
Give  an  illustration  of  the  principle  of  "asset  currency."     How  does 


148  New  Era  Civics 

the    new    Federal    Reserve    currency    differ    from    the    old    national 
bank  currency? 

11.  What  is  the  central  organization  in  control  of  the  new  sys- 
tem called?  How  many  members  has  the  Federal  Reserve  Board, 
and  what  are  its  chief  officers?  What  high  officers  of  the  govern- 
ment are  represented  on  the  board?  What  is  the  number  of  the 
Federal  Reserve  districts?  What  is  the  head  bank  of  each  district 
called?  What  was  each  national  bank  in  each  Federal  Reserve  dis- 
trict required  to  do?  Were  other  banks  permitted  to  become  mem- 
bers? What  must  each  bank  contribute  to  the  Federal  Reserve 
bank  when  it  becomes  a  member?  How  many  directors  has  each 
Federal  Reserve  bank,  and  how  are  they  chosen? 

12.  How  does  the  system  of  Federal  Reserve  currency  work? 
W'hat  is  the  process  called  by  which  the  member  banks  obtain  money 
on  their  commercial  paper?  Why  is  the  new  system  considered 
elastic?  To  what  may  the  rise  and  fall  in  the  volume  of  Federal 
Reserve  currency  be  compared?  What  is  the  chief  merit  of  the 
system  ? 

13.  In  what  respect  do  the  Federal  Reserve  Issues  resemble  the 
old  national  hank  currency?  Name  the  various  securities  back  of 
the  new  currency. 

14.  What  kind  of  money  now  has  the  largest  circulation?  W^hat 
process  is  the  old  national  bank  currency  now  undergoing?  What  is 
the  character  of  the  issue  called   "Federal   Reserve  Bank  Notes"? 

15.  W  here  is  our  gold  and  silver  money  coined?  Briefly  describe 
the  process. 

16.  Where  is  our  paper  money  printed?  Tell  something  of  the 
method  by  which  it  is  engraved  and  of  the  material  used? 


CHAPTER  IX 

OUR  GOVERNMENT   IN   WAR 

The  world  must  he  made  safe  for  democracy.  Its  peace 
must  be  planted  upon  the  tested  foundations  of  political 
liberty. — Woodrow  Wilson. 

1.  Transforming  a  Democracy. — An  instructive  line 
of  inquiry  in  civics  study  relates  to  the  operations  of  our 
government  after  it  entered  the  World  War.  The  story 
of  its  military  part  in  the  war  is  a  separate  branch  of 
study.  Yet  it  is  desirable  for  the  civics  student  to 
give  some  special  attention  to  the  magical  transformation 
of  the  Federal  government  from  a  peace  to  a  war  basis 
after  the  signal  was  given  by  Congress  and  the  President 
in  early  April,  1917. 

It  was  found  that  our  democratic  Constitution  put 
no  obstacle  in  the  way  of  the  effective  prosecution  of 
our  part  in  the  war  with  Germany  and  Austria.  Expe- 
rience proved  that  we  could  change  the  whole  character 
of  the  government  over  night,  as  it  were,  without  violat- 
ing the  principles  of  the  Constitution.  It  was  a  very 
radical  change,  but  it  was  a  necessary  one,  to  enable  the 
country  to  marshal  all  its  powers  with  unity  and  without 
unnecessary  delay.  To  accomplish  this  result,  both  State 
and  individual  rights  had  to  be  subordinated  for  the 
time  being  to  the  war  powers  of  the  government.  This 
was  done  with  astonishing  results,  and  the  success  of 
the  effort  showed  us  anew  that  the  Constitution  was  a 

149 


150  New  Era  Civics 

wisely  planned  charter,  and  that  it  is  wonderfully  elastic 
in  grave  emergencies.  It  is  worth  while  to  review  some 
of  the  main  features  of  this  process. 

2.  Big  Results  Measured  in  Figures. — In  his  report 
to  Congress  in  December,  1919,  the  Secretary  of  the 
Treasury  stated  that  the  cost  of  the  war  to  the  United 
States  from  our  entrance  in  April,  1917,  to  June  30,  1919, 
was  about  $30,000,000,000  more  than  the  ordinary  ex- 
penditures of  government  would  have  been  in  time  of 
peace.  This  staggering  sum  does  not  include  our  national 
loans  to  our  European  allies,  amounting  to  more  than 
$9,000,000,000.  Within  the  same  period,  according  to  the 
Secretary  of  War,  our  army  was  increased  from  about 
200,000  (regular  soldiers  and  the  National  Guards  of  the 
States)  to  more  than  3,700,000,  of  whom  more  than 
2,000,000  were  transported  to  France.  These  figures 
measure  two  of  the  main  objects  gained.  But  while  this 
vital  task  of  raising  an  army  and  training,  equipping, 
transporting  and  financing  it,  was  going  on,  the  whole 
machinery  of  government  was  in  active  motion,  develop- 
ing the  country's  home  resources. 

3.  The  War  Power  Granted  by  the  Constitution. — 
To  acquire  a  clear  idea  of  how  the  government  worked 
in  the  war  crisis,  we  must  remember  that  the  Constitu- 
tion gave  Congress  the  power  to  "declare  war"  and  "to 
raise  and  support  armies,"  and  "to  provide  and  maintain 
a  navy."  It  also  made  the  President  "commander-in- 
chief  of  the  army  and  the  navy  of  the  United  States,  and 
of  the  militia  of  the  several  States  when  called  into  the 
actual  service  of  the  United  States."  When  we  add  to 
these  the  power  of  Congress  to  lay  and  collect  taxes  to 
"provide  for  the  common  defense,"  it  will  be  seen  that 
the  Constitution  gave  the  legislative  branch  and  the 
President,  as   commander-in-chief,   practically  unlimited 


PLi 


152  New  Era  Civics 

authority  to  wage  war,  with  full  discretion  as  to  the 
ways  and  means  of  waging  it. 

It  was  by  virtue  of  this  power  that  Congress  passed 
the  various  Conscription  acts  soon  after  the  beginning 
of  our  war  with  Germany.  This  was  but  an  exercise  of 
the  constitutional  right  of  Congress  to  "raise  and  sup- 
port armies."  In  a  word,  the  Constitution  intended  that 
Congress  should  be  the  judge  of  methods  in  the  execution 
of  this  great  power. 

4.  Delegating  War  Powers  to  the  Executive. — While 
all  the  necessary  power  was  lodged  in  the  government 
by  the  Constitution,  it  was  evident  that  a  great  concen- 
tration of  that  power  was  necessar}'.  It  would  be  pos- 
sible, of  course,  for  Congress,  as  a  body  or  through  its 
committees,  to  direct  the  war  in  co-operation  with  the 
commander-in-chief  and  the  officers  subject  to  his  orders. 
But  Congress  itself  perceived  quickly  that  it  would  be 
very  unwise  for  a  legislative  body  holding  many  different 
opinions  to  exercise,  in  the  ordinary  legislative  way,  all 
the  war  powers  confided  to  it  by  the  Constitution.  Quick- 
ness of  action  and  absolute  unity  of  purpose  and  policy 
are  plain  necessities  in  warfare.  Realizing  all  this.  Con- 
gress followed  the  only  sensible  course  and  delegated  to 
the  President,  the  constitutional  head  of  the  army,  much 
of  the  authority  which  the  Constitution  conferred  upon 
it  for  such  an  emergency.  By  a  series  of  laws  it  em- 
powered the  President  to  perform  many  acts  which  he 
would  not  think  of  performing,  or  wovild  have  no  right 
to  perform,  in  time  of  peace.  To  illustrate  this  point, 
the  President  was  authorized  to  assume  and  actually  did 
assume  control  of  all  the  steam  railroads  in  the  United 
States. 

In  consequence  of  this  temporary  transfer  of  authority 
by  Congress,  the  President  could  undoubtedly  be  called 


Our  Government  in  War  153 

with  truth  the  most  powerful  executive  on  earth  during 
the  war  period.  He  was  enabled  to  bring  about,  by  simple 
orders  which  could  be  written  in  less  than  an  hour, 
changes  in  the  machinery  of  government  and  even  in  our 
whole  social  system  which  affected  every  citizen  of  the 
United  States,  and  which  Congress,  if  it  normally  had 
the  right  to  make  them,  would  take  a  long  time  \o  pre- 
pare, to  consider  and  to  adopt.  If  Congress,  for  example, 
had  undertaken  to  assume,  by  statute,  the  management 
and  control  of  the  railroads  in  time  of  peace,  the  measure 
would  have  undergone  many  weary  months  of  discussion. 
As  it  was,  the  President  was  able  to  accomplish  the  same 
result  by  a  single  executive  order.  In  war  time  the  gov- 
ernment had  to  act  with  the  greatest  possible  rapidity, 
and  to  this  end  it  was  indispensable  to  lodge,  to  a  great 
extent,  the  power  of  action  in  a  single  individual. 

5.  The  Financial  Acts. — The  first  acts  passed  by 
Congress  were  financial.  This  was  natural,  because  it 
was  easier  for  us  to  make  our  money  power  count  quickly 
on  the  side  of  the  allies  than  it  was  to  mobilize  our  man 
power.  Eight  days  after  our  declaration  of  war  with 
Germany  the  House  of  Representatives  passed  a  bill 
authorizing  a  national  loan  of  $7,000,000,000,  the  largest 
ever  voted  by  any  legislative  body  in  the  world's  history. 
From  that  time  forward  appropriations  calling  for  hun- 
dreds of  millions  or  billions  were  passed  in  such  rapid 
order  that  the  pulDlic  could  scarcely  keep  track  of  them. 

A  few  instances  of  the  kind  in  1917  may  be  cited. 
The  first  appropriation  for  the  army  exceeded  $3,200,- 
000,000,  and  it  broke  all  the  records  of  any  nation  in  the 
matter  of  army  funds.  For  the  building  of  merchant 
ships  more  than  $400,000,000  was  voted  without  delay, 
and  for  the  construction  of  airships  more  than  $600,- 
000,000.      Our    first    general    revenue    act    for    1917,    as 


154 


New  Era  Civics 


finally  agreed  upon  by  Congress  late  in  September, 
called  for  the  raising  of  more  than  $2,500,000,000  by 
taxation.  A  fund  of  $50,000,000  was  provided  for  the 
insurance  of  American  merchant  vessels  and  their  crews. 
On    October    6th,    Congress    passed    the    Soldiers'    and 

Sailors'  Insurance  bill,  al- 
lowing every  man  in  the 
fighting  service  to  take 
out  life  insurance  of  from 
$1,000  to  $10,000,  accord- 
ing to  his  discretion,  at 
a  very  low  rate  of  pre- 
mium. This  was  the  gov- 
ernment's substitute  for 
the  old  system  of  military 
pensions,  which  had  been 
put  in  operation  after 
all  our  other  wars,  from 
the  Revolutionary  to  the 
Spanish-American.  Under 
this  law  the  total  of 
war  insurance  taken  out 
reached  the  colossal  total 
of  nearly  $40,000,000,000. 
According  to  the  report 
of  the  Secretary  of  the 
Treasury,  the  total  awards 
for  death  or  disability  up  to  July  1,  1919,  already  paid  or 
claimed  from  the  government,  exceeded  $1,000,000,000. 

6.  The  Liberty  Loans. — Few  evidences  of  American 
patriotism  during  the  war  were  as  impressive  as  the 
public  response  to  the  four  Liberty  loans.  The  first  two, 
those  of  1917,  called  respectively  for  two  and  three  bil- 
lions of  dollars.     The  earlier  of  these  was  limited  to  the 


Uiulenvood  &  Underuood. 

The   Lottery  of  the   Draft 

Secretary  of  War  Baker,  blindfolded, 
drawing  the  first  number  from  the 
jar.  Each  young  man  registered  in 
the  first  conscription  of  soldiers  for 
the  World  War  was  given  a  number 
in  his  district,  and  the  drawing  of 
the  numbers  at  Washington  was  to 
determine  what  conscripts  should  be 
summoned  into  service  on  the  first 
draft.  The  numbers  were  enclosed  in 
capsules,  and  placed  in  a  glass  jar. 
The  first  number  drawn  by  the  Secre- 
tary was  258.  This  meant  that  every 
man  in  4,577  districts  holding  the 
serial  number  258  was  the  first  man 
in  his  district  called. 


Our  Government  in  War  155 

amount  named,  but  the  second,  in  October,  1917,  yielded 
an  oversubscription  of  more  than  $800,000,000.  The  two 
1918  loans  were  for  three  billions  and  six  billions  respec- 
tively, but  in  the  first  instance  there  was  an  oversub- 
scription of  more  than  $1,100,000,000,  and  in  the  second 
of  nearly  $1,000,000,000.  In  addition  to  the  four  Liberty 
loans  there  was  the  Victory  loan  of  1919,  following  the 
armistice.  On  this  occasion  the  $4,500,000,000  called  for 
was  also  oversubscribed.  The  following-  table  tells  the 
storv  of  the  public  financing  of  the  war  through  sub- 
scriptions for  government  bonds : 

Amount 
Titles  Subscribed  Interest 

First  Liberty  loan,  1917 $2,000,000,000  ZYz  per  cent 

Second  Liberty  loan,  1917 3,808,766,150  4      per  cent 

Third  Liberty  loan,  1918 4,176,516,850  4>4  per  cent 

Fourth  Liberty  loan,  1918 6,989,047,000  4^  per  cent 

Victory  loan,   1919 5,249,908,300  AVa  per  cent 

$22,224,238,300 

Here  we  have  a  total  oversubscription  of  more  than 
$3,700,000,000  on  calls  which,  as  issued  by  the  govern- 
ment, aggregated  some  $18,500,000,000.  The  number  of 
individual  subscriptions  to  the  Liberty  loans  steadily  in- 
creased. It  began  with  four  and  a  half  million  subscrip- 
tions for  the  first  Liberty  loan,  and  leaped  to  ten  million 
for  the  second.  For  the  Fourth  loan  there  were  more 
than  twenty  million  subscriptions,  representing  one-fifth 
of  the  country's  entire  population.  After  the  war  the 
Victory  loan,  though  successful,  stood  for  a  total  of 
pledges  reduced  to  something  less  than  twelve  million. 

7.  Publicity  and  Propaganda. — One  of  the  first  orders 
of  the  President,  dated  April  14th,  created  a  Committee 
on  Public  Information,  including  the  Secretaries  of  State, 
of  the  War  and  of  the  Navy.     Its  mission  was  to  open 


156  New  Era  Civics 

up  the  business  of  government,  as  far  as  might  be  proper 
and  possible,  to  the  inspection  of  the  people,  to  secure 
and  direct  their  moral  support.  It  was  through  the 
agency  of  this  committee  that  the  famous  home  army  of 
"four-minute  men"  was  organized,  with  enrollments  in 
all  the  States,  to  appeal  for  public  co-operation  in  Red 
Cross,  Liberty  Loan,  War  Stamp  and  kindred  under- 
takings. Through  this  bureau  the  services  of  the  press 
were  enlisted,  not  only  in  publishing  necessary  and  use- 
ful information,  but  in  withholding  publicity  from  matters 
which  it  was  desirable  to  keep  secret. 

8.  Domestic  Safeguards. — By  the  Espionage  act, 
passed  June  15,  1917,  Congress  placed  in  the  hands  of  the 
President  and  the  Department  of  Justice  full  authority 
for  safeguarding  the  country  from  its  internal  enemies. 
By  this  law  (the  title  of  which  means  espial,  or  spying) 
the  government  was  armed  with  tremendous  power  to 
deal  with  cases  of  disloyalty  and  sedition,  especially 
among  aliens,  and  to  expose  and  counteract  all  plots  and 
conspiracies  of  foes  within  our  borders.  It  was  also 
thus  enabled  to  exercise  a  strict  censorship  over  news- 
papers. This  act  was  one  of  the  most  extreme  examples 
of  the  supremacy  of  the  war  power  of  Congress  and  its 
executive  agents. 

9.  Controlling  the  Nation's  Food. — It  was  on  May 
19,  1917,  that  the  President  took  the  first  conspicuous 
step  in  the  development  of  our  wonderful  system  of 
Food  Administration  during  the  war,  by  naming  Herbert 
C.  Hoover  as  the  national  commissioner  for  that  vital 
service.  Nine  days  later  the  House  of  Representatives 
passed  the  first  of  the  Food  bills  which  were  afterwards 
expanded  into  legislation  at  once  arbitrary  and  effectual. 
The  leading  measures  of  this  class  were  known  as  the 
Food  Survey  and  Food  Control  bills,  both  of  which  re- 


Our  Government  in  War  157 

ceived  the  approval  of  the  Senate  and  were  signed  by 
the  President  early  in  August.  The  more  important  Food 
Control  law  covered  not  only  food  but  fuel,  including  oil 
and  natural  gas.  Its  express  purpose  was  "to  assure  an 
adequate  supply  and  equitable  distribution  of  food  and 
fuel  for  the  successful  prosecution  of  the  war."  It  gave 
the  President  a  dictatorship  over  the  country's  food 
supply. 

By  virtue  of  this  measure,  and  particularly  through 
the  strenuous  exertions  of  the  Food  Administration  Board 
and  its  numerous  local  branches  in  all  the  cities  of  the 
country,  not  only  was  food  production  stimulated  but 
economy  of  consumption  was  enforced  among  the  people. 
The  prime  object  in  view  was  to  feed  our  own  troops, 
and  the  second  to  provide  a  sufficient  supply  for  export 
to  our  allies.  To  this  end  it  was  necessary  to  insure  the 
smallest  possible  consumption  at  home,  especially  of 
meat  and,  even  in  a  stricter  measure,  of  wheat,  which  of 
all  the  foods  was  the  most  valuable  for  military  pur- 
poses.       ^ 

After  our  troops  had  begun  to  assemble  in  camp  in 
large  numbers,  the  American  people  were  asked  to  ab- 
stain from  meat  on  appointed  days  and  from  wheat 
bread  for  an  indefinite  period.  These  orders  of  the 
Food  Administration  were  rarely  disobeyed.  One  of  the 
great  factors  in  the  triumph  of  the  allies  was  the  food 
power  of  the  United  States.  The  full  effectiveness  of  this 
power  was  largely  due  to  the  cheerful  and  voluntary 
sacrifices  of  the  people,  but  the  decisive  impulse  behind 
it  was  the  autocratic  power  delegated  by  Congress  to  the 
executive  authorities. 

10.  Stringent  Fuel  Orders. — The  chief  responsibility 
for  the  enforcement  of  the  fuel  provisions  of  the  Food 
Control  act  was  confided  to  Fuel  Administrator  Harry 


158  New  Era  Civics 

A.  Garfield  of  Massachusetts.  The  winter  of  1917-18  was 
an  exceptionally  severe  one,  and  in  January,  1918,  the 
power  of  the  Fuel  Administration  was  exercised  in  a 
sensational  way.  The  scarcity  of  coal  had  become  a  real 
menace,  by  threatening  to  cripple  both  land  and  water 
transportation,  and  as  the  supply  could  not  be  quickly 
increased,  it  was  necessary  to  cut  down  the  consumption 
by  heroic  expedients.  An  order  was  issued  by  the  Fuel 
Administration  suspending  for  five  days  all  industries 
consuming  coal,  except  those  producing  materials  neces- 
sary for  the  prosecution  of  the  war.  Thereafter  there 
was  a  general  suspension  of  business  and  industry  on 
Monday  of  each  week,  which  became  popularly  known 
as  Garfield  Mondays.  In  a  month  the  saving  of  coal  by 
this  means  so  nearly  equalized  the  supply  and  the  demand 
that  the  order  was  suspended. 

As  an  additional  resource  for  economizing  fuel,  city 
lighting  was  diminished  and  "lightless  nights"  became 
familiar  as  a  war-time  phenomenon.  The  Daylight  Sav- 
ing law,  which  went  into  effect  March  31,  1918,  was 
partly  intended  to  serve  the  same  purpose.  By  advancing 
the  hands  of  the  clock  one  hour  and  maintaining  the 
new  system  until  the  last  Sunday  in  October,  an  addi- 
tional hour  of  daylight  was  gained  in  the  waking  hours; 
and  this  was  with  the  object  of  lessening  the  con- 
sumption of  light  and  therefore  of  fuel.  The  daylight- 
saving  system  was  repeated  for  approximately  seven 
months  in  1919,  and  the  act  establishing  it  was  then 
repealed  by  Congress. 

In  August,  1918,  in  the  critical  days  of  our  military 
operations  in  Europe,  the  scarcity  of  gasoline  caused 
grave  alarm,  and  the  Fuel  Administration,  in  order  to 
conserve  the  supply,  directed  that  the  use  of  motor 
vehicles,  except  for  necessary  purposes,  be  discontinued 


Our  Government  in  War  159 

on  Sundays.  This  rule  remained  in  force  until  late 
October,  and  was  generally  obeyed. 

11.     Taking  Over  the  Railroads. — On  December  26, 

1917,  the  President  by  virtue  of  authority  conferred  upon 
him  by  an  anticipatory  act  of  Congress  dated,  August  29, 
1916,  assumed  control  for  the  government  of  all  the 
railroads  in  the  United  States,  and  placed  them  in  official 
charge  of  Secretary  William  G.  McAdoo  of  the  Treasury 
department  as  Director  General.  Within  five  days  after 
our  entrance  into  the  war  the  railroads  had  voluntarily 
organized  for  war  effort  under  the  direction  of  a  Railroad 
War  Control  Board,  composed  of  five  railroad  presidents, 
and  agreed  to  subordinate  all  their  ordinary  interests  and 
rivalries  to  the  supreme  object  of  winning  the  war.  But 
President  Wilson  and  his  advisers  were  convinced  as 
the  year  waned  that  it  was  necessary  to  employ  the 
whole  railroad  system  as  a  war  instrumentality  subject 
to  the  government's  central  power.  As  a  result,  a  Federal 
Railroad  Administration,  with  branches  in  every  com- 
munity reached  by  a  steam  road,  took  the  place  of  the 
various  railroad  managements,  though  their  officials  and 
employes  remained  in  the  government  service  in  their 
former  capacities.  In  this  order  appropriating  the  rail- 
roads, the  President  guaranteed  to  each  corporation  a 
revenue  equal  to  its  average  net  operating  income  for 
the  three  years  preceding  June  30,  1917;  and  in  March, 

1918,  Congress  passed  the  so-called  Federal  Control  act 
confirming  this  agreement.  This  law  provided  that  the 
railroads  should  remain  under  government  control  until 
twehty-one  months  had  elapsed  after  the  restoration  of 
peace,  unless  they  should  sooner  be  restored  to  their 
former  owners  by  the  President's  order. 

As   it   turned    out,   the   railroad    companies   resumed 
possession  of  their  lines  on  March  1,  1920,  by  virtue  of 


160 


New  Era  Civics 


an  executive  order  followed  by  an  elaborate  act  of  Con- 
gress strengthening  government  supervision  over  their 
affairs  and  helping  them,  for  a  time,  to  repair  their  dis- 
organized finances.  The  war  experiment  in  railroad 
management  involved  a  net  loss  to  the  government  of 
approximately  $715,000,000  in  the  twenty-six  months  of 
its  duration,  despite  a  substantial  increase  in  the  rates 
for  passenger  and  freight  service. 

12.  War  Councils  and  Boards. — Among  the  civil  or- 
ganizations directing  the  war-time  energies  of  the  coun- 
try the  Council  of  National  Defense  was  from  the  first 
conspicuous.  Besides  six  members  of  the  Cabinet,  it 
included  as  an  advisory  commission  seven  leaders  of 
American  industry,  trade,  finance,  professional  activity 
and  labor.  Connected  with  and  subject  to  it  was  a 
number  of  working  commissions,  each  of  which  was 
charged  with  special  functions.  Of  these  perhaps  the 
most  important  was  the  War  Industries  Board,  appointed 

in  July,  1917.  Its  mission 
was  to  oversee  and  direct 
the  production  of  muni- 
tions, military  supplies 
and  all  other  commodities 
essential  for  the  uses  of 
our  giant  army ;  to  pro- 
vide for  the  proper  dis- 
tribution of  raw  materials 
among  the  producing  in- 
dustries, and  to  give  them 
the  right  of  way  over  the 

Undenvood  &  Underwood.  ,  , .     '  .       . 

_       „  T}^,r.      country  s  ordmary  mdus- 

Remembering  Our  Soldier  Boys  •'    .    .  .  t       mio 

Tons  of  Christmas  mail  for  the  men  trial  aCtlVltlCS.  lu  1918 
at  the  front.  A  familiar  scene  during  ^J-^g  "War  FinaUCC  Corpor- 
war  time  in  all  the  large  postoffices  of  _  .     j  i         /^ 

the  United  States.  ation  was  Created  by  uon- 


Our  Government  in  War 


161 


gress,  with  an  enormous  fund  at  its  disposal,  and  its 
official  duty  was  to  furnish  needed  capital  to  industries 
specially  created  to  produce  military  supplies. 

Whole  volumes  might  be  written  upon  the  multiplicity 
of  war  services  rendered  by  existing  or  newly  created 
organizations,  from  the  Red  Cross  down,  in  stimulating 
and    making    productive    the    public    patriotism    and    in 


UiiderwuuJ  &  Uudervvuud. 


America's  Pantheon 


The  memorinl  amphitheatre  in  Arlington  cemetery  near  Washington,  erected 

by    Congress    in    commemoration    of    the    patriotism    and    valor   of    American 

soldiers    and   sailors   who  died   for   their   country. 

collecting  and  forwarding  funds  and  other  contributions 
intended  to  supply  the  needs  of  our  soldiers.  But  the 
examples  cited  are  sufficient  to  show  how  the  govern- 
ment was  enabled,  in  strict  compliance  with  the  war 
powers  conferred  upon  Congress  and  the  executive  by 
the  Constitution,  to  bear  effectively  and  honorably  its 
share  of  responsibility  in  the  greatest  ordeal  that  ever 
confronted  the  modern  world. 


162  New  Era  Civics 

Our  experience  proved  that  the  Constitution  was  as 
workable  for  all  essential  purposes  in  war  as  in  peace. 
Every  source  of  authority  necessary  for  this  great  emer- 
gency was  found  in  the  original  Constitution — in  the 
Constitution  as  it  was  handed  down  to  us  by  its  framers 
at  Philadelphia  one  hundred  and  thirty  years  before  the 
passage  of  the  historic  war  resolution  of  1917.  In  a 
word,  the  Constitution  was  found  to  be  perfectly  fitted 
to  meet  a  more  severe  test  of  its  usefulness  than  had 
ever  been  dreamed  of;  and  we  may  reasonably  expect 
that  public  faith  in,  and  affection  for,  the  inspired  work 
of  its  framers  will  hereafter  be  stronger  than  ever. 

Question  Guide  to  Chapter  IX 

1.  Is  the  difference  in  our  constitutional  form  of  government 
specially  marked  when  our  country  is  in  a  state  of  war?  Was  it 
necessary  to  change  the  letter  of  the  Constitution  in  order  to  meet 
conditions?  What  features  of  the  Constitution  were  emphasized 
by  our  recent  war  experience? 

2.  What  was  the  cost  of  the  war  to  the  United  States  from 
the  beginning  to  June  30,  1919?  Does  this  include  our  national  loans 
to  European  allies?  How  was  the  size  of  our  army  increased?  Of 
this  number,  how  many  went  to  France? 

3.  Apropos  of  the  war,  what  part  of  the  Constitution  should 
we  keep  in  mind?     What  was  the  great  scope  of  this  power? 

4.  While  all  the  necessary  power  was  lodged  by  the  Constitu- 
tion in  the  government,  what  was  the  safest  way  to  insure  quick 
action?  How  was  supreme  power  conferred  upon  the  President? 
Give  an  illustration  of  the  power  thus  transferred. 

5.  What  were  the  first  acts  passed  by  Congress?  Give  an  illus- 
tration in  figures  of  the  magnitude  of  some  of  the  appropriations 
called  for.  When  was  our  first  War  Revenue  act  agreed  upon  and 
what  sum  did  it  call  for?  What  purpose  was  the  Insurance  bill 
intended  to  serve? 

6.  What  was  the  amount  named  in  the  first  call  for  a  Liberty 
loan?     What  was  the  amount  of  the  second?     In  what  respect  did 


Our  Government  in  War  163 

the  second  differ  from  the  first?     Give  the  facts  about  the  Third 
and  Fourth  Liberty  loans.     What  was  the  Victory  loan? 

7.  What  was  one  of  the  first  orders  of  the  President?  Wlio 
were  included  in  the  Public  Information  committee?  What  was  the 
purpose  of  this  committee? 

8.  When  was  the  Espionage  act  passed?  What  do  you  mean 
by  Espionage  act?  Mention  some  of  the  dangers  necessary  to  guard 
against. 

9.  On  what  date  was  our  National  Food  Commissioner  ap- 
pointed? Give  his  name.  What  was  the  most  important  food 
measure?    What  was  the  purpose  of  this  bill?    What  was  its  effect? 

10.  To  whom  was  the  Fuel  Administration  entrusted?  W^hat 
expedient  was  necessary  to  conserve  coal?  Tell  something  about 
the  Daylight  Saving  law?  How  was  the  supply  of  gasoline  con- 
served? 

11.  On  what  date  did  the  government  take  over  control  of  the 
railroads?  Who  was  given  official  charge?  W^hat  was  the  Presi- 
dent's guarantee  to  each  railroad  corporation?  What  was  the  period 
named  for  continuing  government  control?  How  long  did  the  rail- 
roads actually  remain  under  government  control?  What  was  the  net 
loss  to  the  government  from  railroad  operation? 

12.  How  was  the  Council  of  National  Defense  made  up?  Of 
the  commissions  connected  with  it,  which  was  perhaps  the  most 
important?    For  what  was  the  War  Finance  Corporation  created? 


CHAPTER  X 

RECENT   CONSTITUTIONAL   AMENDMENTS 

Let  it  be  remembered  that  the  Constitution  of  the  United 
States  is  not  unalterable. — Daniel  Webster. 

1.  The  Sixteenth,  Seventeenth  and  Eighteenth 
Amendments. — From  1913  to  1919,  inclusive,  the  Con- 
stitution of  the  United  States  was  three  times  amended. 
The  first  of  these  later  amendments  was  to  enable  Con- 
gress to  impose  a  direct  tax  on  incomes,  the  second  was 
to  provide  for  the  election  of  Senators  by  the  people, 
and  the  third  was  to  abolish  the  manufacture  and  sale 
of  intoxicating  liquors  throughout  the  United  States. 
These,  as  named  in  their  order,  were  respectively  the 
Sixteenth,  Seventeenth  and  Eighteenth  amendments. 

With  the  exception  of  the  so-called  "slavery  amend- 
ments" following  the  Civil  War,  the  Sixteenth  was  the 
first  amendment  to  the  Constitution  adopted  in  more 
than  a  century.  If  we  recall  that  the  first  ten  amend- 
ments were  proposed  in  a  batch  as  a  supplement  to  the 
original  Constitution,  we  can  see  that  it  has  borne  in  a 
phenomenal  way  the  test  of  experience  and  scrutiny. 
Hundreds  of  resolutions  for  changes  in  the  Constitution 
have  been  introduced  in  Congress,  but  surprisingly  few 
have  been  accepted  by  that  body  and  submitted  to  the 
State  Legislatures. 

2.  Direct  and  Indirect  Taxes. — Taxes  are  direct  or 
indirect,  according  to  their  sources.     A  direet  tax  is  one 

164 


Recent  Constitutional  Amendments       165 

directly  paid  by  the  person  taxed,  out  of  his  own  pocket 
and  at  his  own  expense,  to  the  government  or  its  agent. 
The  most  familiar  example  of  direct  taxation  is  the  real 
estate  tax  paid  by  persons  to  the  city  government  on 
their  own  homes.  Indirect  taxes,  on  the  other  hand,  are 
those  which  are  first  collected  by  the  government  from 
certain  classes  of  citizens,  and  are  afterwards  shifted  in 
various  ways  to  the  general  public. 

A  Federal  tax  on  goods  imported  from  abroad — 
usually  called  a  duty  on  imports — is  a  good  illustration 
of  the  indirect  tax.  This  tax  is  first  paid  to  the  govern- 
ment at  the  Custom  House  by  the  person  importing  the 
goods,  but  he,  in  turn,  adds  the  tax,  or  duty,  to  the  sell- 
ing price  of  the  merchandise,  and  it  is  therefore  really 
paid  by  the  final  purchaser.  Hence  such  taxes  are  classed 
as  indirect,  because  they  fall  indirectly,  or  in  a  round- 
about way,  upon  the  buying  public. 

Internal  revenue  taxes,  sometimes  called  excise  taxes, 
are  also  indirect  taxes.  These  are  levied  on  domestic 
products,  sales  and  other  transactions.  Many  of  the 
taxes  imposed  by  Congress  during  the  World  War — 
such,  for  example,  as  taxes  on  soda  water  and  theatre 
tickets — were  internal  revenue  taxes.  The  tax  on  cigars 
and  other  manufactures  of  tobacco  is  one  of  the  oldest 
and  best  knowm  kinds  of  internal  revenue  taxation. 
When  a  man  buys  a  cigar  the  tax  is  included  in  the 
purchase  price.  The  tax  is  indirect  because  it  was  first 
paid  by  the  manufacturer  when  he  bought  stamps  for 
each  box  of  cigars,  then  by  the  dealer  when  he  bought 
the  cigars  from  the  maker,  and  lastly  by  the  customer 
at  the  retail  counter. 

Not  only  the  Federal  government  but  the  States  and 
cities  levy  both  direct  and  indirect  taxes.  The  indirect 
city  taxes  often  take  the   form  of  licenses.     These  are 


166  New  Era  Civics 

indirect,  because  the  person  obtaining  the  Hcense  manages 
to  recover  the  tax  he  pays  from  somebody  else. 

The  Constitution  gave  Congress  power  "to  lay  and 
collect  taxes,  duties,  imposts  and  excises."  Under  this 
grant,  Congress  was  at  liberty  to  collect  indirect  taxes 
in  any  manner  it  should  please.  But  with  regard  to 
direct  taxes  the  Constitution  prescribed  a  special  rule 
for  Congress  to  follow.  "Direct  taxes,"  it  reads,  "shall 
be  apportioned  among  the  several  States  .  .  .  according 
to  their  respective  numbers,"  or  populations.  Thus, 
while  Congress  had  a  free  hand  in  the  collection  of  in- 
direct taxes,  like  duties  on  imported  goods  and  internal 
taxes  on  tobacco  and  other  articles,  it  was  obliged,  in 
time  of  peace,  to  levy  and  collect  direct  taxes  through 
the  States,  or  not  at  all. 

This  provision  was  intended  as  a  concession  to  States' 
rights.  It  proved  to  be  a  serious  obstacle  to  the  enact- 
ment of  an  income  tax  law,  and  one  that  could  be  re- 
moved only  by  amending  the  Constitution. 

3.  Why  a  Change  was  Needed. — A  tax  on  personal 
incomes  is  a  direct  tax.  It  would  be  unwise  and  unjust 
to  apportion  a  national  income  tax  among  the  States 
according  to  their  "respective  numbers,"  or  populations. 
The  population  of  a  State  would  not  be  a  fair  measure 
of  the  total  incomes  of  its  inhabitants.  This  is  illustrated 
by  the  case  of  New  York.  More  wealth  is  massed  in 
New  York  than  in  any  other  State.  What  is  more,  it 
has  a  larger  volume  of  taxable  incomes  in  proportion  to 
its  population  than  any  other  State.  But  under  the  con- 
stitutional provision  already  quoted.  Congress  could  not 
have  directly  taxed  the  personal  incomes  of  New  Yorkers. 
It  would  have  been  obliged  to  reckon  New  York's  share 
of  the  tax  on  the  basis  of  its  population.  This  would 
not   have   been   fair   to   the  other    States,   because   New 


Recent  Constitutional  Amendments       167 

York's  share  of  the  total  incomes  of  the  country  is  larger, 
in  proportion  to  its  population,  than  that  of  any  other 
State.  In  order  to  tax  incornes  directly  without  regard 
to  State  boundaries  or  populations,  it  was  necessary  to 
amend  the  Constitution. 

4.  Clearing  the  Way. — During  and  immediately  after 
the  Civil  War  Congress  was  free  to  levy,  and  did  levy, 
an  income  tax,  because  the  ordinary  restraints  of  the 
Constitution  may  be  suspended  when  our  nation  is  en- 
gaged in  war.  Congress  then  acted  under  its  general 
war  powers.  This  income  tax  was  abolished  in  1867. 
In  1894  an  income  tax  was  attached  to  the  general  tariff 
act  of  that  year,  but  in  the  following  year  the  Supreme 
Court,  by  a  close  vote,  declared  that  part  of  the  act  un- 
constitutional, on  the  ground  that  it  was  contrary  to  the 
method  of  apportioning  direct  taxes  prescribed  by  the 
Constitution.  But  in  time  a  strong  popular  demand  was 
felt  for  an  income  tax,  its  advocates  arguing  that  it  would 
be  the  fairest  kind  of  Federal  taxation,  because  it  would 
be  proportioned  to  each  person's  capacity  to  pay. 

In  1909  Congress  yielded  to  this  constantly  growing 
pressure  and  submitted  an  amendment  to  the  Constitu- 
tion, by  which  it  was  decreed  that  "the  Congress  shall 
have  power  to  lay  and  collect  taxes  on  incomes,  from 
whatever  source  derived,  without  apportionment  among 
the  several  States,  and  without  regard  to  any  census  or 
enumeration."  The  ratification  of  this  Sixteenth  amend- 
ment four  years  later  cleared  away  the  constitutional 
impediment,  and  opened  up  to  the  government  its  most 
fruitful  source  of  revenue. 

5.  The  Income  Tax  Laws. — The  first  income  tax  act 
passed  by  Congress  after  the  adoption  of  the  amend- 
ment— that  of  1913 — was  a  comparatively  mild  measure. 
It  laid  a  one  per  cent  tax  on  incomes,  but  exempted  from 

12 


168  New  Era  Civics 

taxation  all  incomes  of  single  men  not  over  $3,000  per 
annum  and  all  incomes  of  married  persons  not  over 
$4,000.  By  the  act  of  1916  the  tax  on  incomes  was  in- 
creased to  two  per  cent,  with  the  same  exemptions.  But 
the  financial  needs  of  the  government  after  our  entrance 
into  the  war  in  1917  compelled  Congress  to  add  materially 
to  the  income  tax  rate  and  to  impose  extra  taxes  (or 
surtaxes,  as  they  are  called)  on  heavy  incomes;  and  also 
to  lower  the  exemption  to  $1,000  for  single  and  $2,000 
for  married  men.  In  fixing  the  exemption  it  was  the 
purpose  of  Congress  to  leave  untaxed  that  part  of  an 
income  essential  for  self-support,  and,  in  the  case  of  a 
married  man,  for  the  support  of  his  family.  Thus,  if  a 
married  man  had  an  income  of  $2,500,  he  was  taxed 
only  on  that  part  of  his  income  above  $2,000 — or  on  $500. 
Married  men  could  claim  a  further  exemption  for  each 
dependent  child. 

There  can  be  no  doubt  that  the  income  tax,  though 
its  rate  of  assessment  may  be  changed  from  time  to  time, 
will  hereafter  be  a  permanent  source  of  government 
revenue. 

6.  The  Senatorial  Amendment. — The  Seventeenth 
amendment,  ratified  and  proclaimed  in  the  same  year  as 
the  Sixteenth,  was  simple  in  form  and  purpose.  It  de- 
creed a  new  method  of  electing  Senators  in  Congress, 
namely,  by  the  direct  popular  vote  of  the  States. 

For  a  century  and  a  quarter  the  Senators  had  been 
chosen  by  the  State  Legislatures.  In  theory,  the  voters 
took  an  indirect  part  in  their  election,  for  it  was  the 
people  who,  in  the  several  States,  chose  the  members 
of  the  Legislatures  to  whom  this  constitutional  duty  was 
confided.  But  in  practice  the  voters  had  often  little  or 
nothing  to  say  about  the  election  of  the  men  who  were 
to  represent  their  several  States  in  the  upper  branch  of 


Recent  Constitutional  Amendments       169 

Congress.  In  States  that  were  politically  one-sided — 
that  is,  in  which  one  party  or  another  was  assured  in 
advance  of  control  of  the  Legislature — candidates  for  the 
Senatorship  sometimes  announced  themselves  in  advance 
of  the  voting  for  legislators,  and  enough  legislators 
pledged  to  a  specified  candidate  were  chosen  to  insure 
his  success  when  the  Legislature  balloted  for  Senator. 
But  quite  as  frequently  the  campaign  for  Senator  did 
not  begin  in  earnest,  at  least  to  the  public  knowledge, 
until  after  the  Legislature  charged  with  the  duty  of 
election  had  been  chosen  at  the  polls. 

7.  Abandoning  the  Old  Method. — In  cases  where  the 
party  "majority  of  a  Legislature  was  confronted  by  more 
than  one  candidate  for  Senator  belonging  to  that  party, 
the  rule  was  for  the  party  in  control  to  hold  a  caucus 
and  decide  by  ballot  which  candidate  should  have  its 
united  support.  When  a  candidate  for  Senator  in  the 
dominant  party  had  no  opposition,  the  process  was  even 
simpler.  But  there  were  sometimes  serious  deadlocks  in 
party  caucuses  where  several  candidates  were  in  the  race, 
and  the  favorite  was  finally  beaten  by  clever  combinations. 
Moreover,  disquieting  reports  were  at  times  circulated  of 
the  illegitimate  use  of  money  in  influencing  caucus  or 
legislative  action  in  the  interests  of  wealthy  candidates 
for  Senator.  In  several  instances  grave  scandals  resulted ; 
and  more  than  once  since  the  Civil  War  Senators-  were 
unseated  at  Washington  because  it  was  shown  that  they 
or  their  friends  had  purchased  the  votes  of  legislators. 

Public  dissatisfaction  with  a  system  thus  open  to 
abuse  steadily  grew,  and  it  finally  developed  into  an 
irresistible  demand  that  the  Constitution  be  so  changed 
that  Senators  would  be  nominated  and  elected  by  the 
voters,  like  Governors  and  other  State  officers.  There 
was  little  objection  to  this  reform,  excepting  the  senti- 


170  New  Era  Civics 

mental  one  growing  out  of  the  original  decision  of  the 
makers  of  the  Constitution  that  the  Legislatures,  and 
not  the  people,  should  select  each  State's  representatives 
in  the  Senate.  But  this  protest  had  little  effect  at  a  time 
when  the  people  were  disposed  to  acquire  a  firmer  grip 
on  their  party  concerns  and  their  official  service. 

What  added  a  large  measure  of  strength  to  the  move- 
ment for  the  popular  election  of  Senators  was  the  widely 
prevalent  belief  that  State  "bosses"  were  exercising  too 
much  power  in  the  choice  of  Senators  through  their 
legislative  tools  or  followers.  Naturally  enough,  the 
strongest  resistance  to  the  reform  was  seen  in  the  Senate 
itself;  but  both  branches  of  Congress  finally  yielded  to 
the  popular  pressure.  The  amendment  was  submitted 
to  the  States  in  May,  1912,  and  hardly  a  single  year 
elapsed  before  it  was  ratified  by  the  necessary  three- 
fourths  of  the  State  Legislatures. 

8.  The  Prohibition  Amendment. — The  Eighteenth,  or 
Prohibition,  amendment  to  the  Constitution  was  sub- 
mitted to  the  States  by  Congress  in  December,  1917,  and 
about  thirteen  months  afterwards,  or  in  January,  1919, 
it  was  ratified  by  the  last  of  the  necessary  three-fourths 
of  the  States.     Its  essential  sections  are  as  follows : 

Section  1.  After  one  year  from  the  ratification  of  this 
article,  the  manufacture,  sale  or  transportation  of  intoxicat- 
ing liquors  within,  the  transportation  thereof  into,  or  the 
exportation  thereof  from  the  United  States  and  all  territory 
subject  to  the  jurisdiction  thereof  for  beverage  purposes,  is 
hereby  prohibited. 

Section  2.  The  Congress  and  the  several  States  shall 
have  concurrent  power  to  enforce  this  article  by  appropriate 
legislation. 

The  Eighteenth  amendment  differs  from  the  other 
amendments  to  the  Constitution  in  two  respects.  Unlike 
every  other  amendment,  it  left  a  margin  of  time  between 


Recent  Constitutional  Amendments       171 

the  date  of  final  ratification  and  the  date  of  enforcement. 
It  also  confers  upon  the  Congress  and  the  States  "concur- 
rent power"  of  enforcement.  The  enforcement  of  every 
other  amendment  calling  for  legislative  action  is  reserved 
to  Congress  alone.  The  expressed  reason  for  the  one 
year's  grace  was  to  give  to  those  engaged  in  the  pro- 
hibited traffic  advance  notice  and  a  leeway  of  time  for 
adjusting  their  business  affairs  to  the  new  system. 

9.  Climax  of  a  Long  Agitation. — The  Prohibition 
amendment  was  the  result  of  a  very  long  agitation  against 
the  production  and  sale  of  intoxicating  beverages.  This 
crusade  was  preceded  more  than  a  hundred  years  ago  by 
a  temperance  movement  which  afterwards  took  many 
forms  and  which  relied  more  upon  moral  agencies  and 
religious  revivals  than  upon  political  action  to  accom- 
plish its  purpose.  In  the  thirties  and  forties,  however, 
the  question  appeared  in  local  politics,  and  in  a  number 
of  New  England  towns  licenses  were  denied  to  dealers 
in  intoxicants. 

The  first  prohibitory,  or  no-excise,  law  applicable  to 
a  whole  State  was  passed  in  Maine  in  1851,  and  for  that 
reason  it  was  long  known  as  the  Maine  law.  In  the 
next  four  years  several  other  States  followed  Maine's 
example,  but  their  prohibitory  laws  were  soon  repealed, 
and  Maine  also  resumed  her  old  license  system  for  the 
two  years  1856  and  1857.  Apparently  one  reason  why 
the  Prohibition  tide  of  the  early  fifties  soon  subsided 
was  the  intense  concentration  of  public  interest  upon 
the  slavery  question.  With  the  exception  of  Maine, 
where  the  no-license  law  was  resumed  in  1858,  State 
Prohibition  did  not  again  cut  any  political  figure  until 
sometime  after  the  Civil  War.  In  this  interval  some  of 
the  States  had  anti-liquor  laws  on  their  statute  books, 
but  there  was  scarcely  a  pretense  of  enforcing  them. 


172  New  Era  Civics 

In  1876  the  question  was  introduced  in  Congress  by 
Representative  Henry  W.  Blair  of  New  Hampshire  with 
a  resokition  for  a  constitutional  amendment  prohibiting 
the  manufacture  of  distilled  liquors  in  the  States  and 
territories,  but  leaving  the  States  to  decide  whether  beer 
and  wine  should  be  made  and  sold  within  their  bound- 
aries. The  Blair  proposal  came  to  nought.  In  the  early 
eighties  Kansas  adopted  a  Prohibition  amendment  to 
its  State  constitution,  and  it  may  therefore  be  called  the 
second,  in  order,  of  the  permanent  Prohibition  States, 
while  North  Dakota,  coming  into  the  Union  with  a  "dry" 
constitution  in  1889,  may  fairly  be  ranked  third. 

Meanwhile  local  option — that  is,  the  determination 
by  popular  vote  whether  license  or  no-license  for  the  sale 
of  liquor  should  prevail  in  counties,  towns  and  villages — 
had  been  increasing.  As  a  result  it  was  claimed  as 
early  as  1870  that  3,500,000  people  lived  in  so-called  "dry" 
territory. 

The  Prohibition  party  made  its  first  appearance  in 
Presidential  politics  in  1872,  but  it  never,  from  the  begin- 
ning, gained  a  Presidential  Elector.  It  was  in  other  direc- 
tions that  the  Prohibition  party  was  winning  its  recruits 
and  attaining  its  ends.  The  rejection  of  the  Blair  amend- 
ment by  a  heavy  majority  showed  that  in  the  seventies 
there  was  little  sentiment  for  Prohibition  by  law.  In 
the  eighties  there  was  not  much  visible  change  in  that 
particular.  In  1894  public  attention  was  turned  to  the 
general  question  of  liquor  regulation  by  a  strange  experi- 
ment in  South  Carolina  introduced  by  Governor  Tillman's 
Dispensary  law.  It  was  in  effect  a  plan  for  the  sale  of 
liquor  through  State  agencies,  and  it  remained  in  force 
some  thirteen  years. 

10.  The  Spread  of  the  Movement. — A  strong  impulse 
was  given  to  the  Prohibition  movement  by  the  organiza- 


Recent  Constitutional  Amendments       173 

tion  of  the  Anti-Saloon  League  in  1895 — a  national  body, 
with  headquarters  at  Washington.  After  twelve  years  of 
operation  the  League  claimed  forty-two  State  branches. 

Another  powerful  influence  working  to  a  similar  end 
was  the  beginning  of  a  crusade  in  the  South  for  the 
closing  of  the  saloons  in  1907.  Georgia  then  took  the  lead 
in  legislative  Prohibition  in  that  section.  In  the  same 
year  Oklahoma  came  into  the  Union  with  a  rigorous 
no-license  system.  By  1909  eight  States  were  in  the 
Prohibition  column  either  by  constitutional  or  statutory 
law,  including  three  Southern  States,  Georgia,  Mississippi 
and  North  Carolina.  North  Carolina,  in  1908,  was  the 
first  Southern  State  to  adopt  Prohibition  by  a  special 
popular  vote,  or  referendum.  In  1911  the  Anti-Saloon 
League  Year  Book  claimed  that  the  inhabitants  of  "dry" 
territory  numbered  a  full  majority  of  the  American  peo- 
ple. By  far  the  greater  part  of  this  belt  was  "dry"  in 
consequence  of  local  option. 

11.  Congress  Lends  Its  Aid. — In  the  ten  years  fol- 
lowing 1907  the  number  of  States  adopting  State-wide 
Prohibition  rapidly  increased,  and  by  the  dawn  of  1917 
a  majority  of  the  States  was  committed  to  that  policy. 
Before  this  time  Congress  had  enacted  the  Webb-Kenyon 
law  prohibiting  the  importation  of  intoxicants  from  "wet" 
into  "dry"  States,  and  the  Supreme  Court  afterwards 
upheld  the  constitutionality  of  this  statute,  in  spite  of 
the  claim  that  it  was  a  denial  of  freedom  of  commerce 
between  the  States. 

While  the  European  war  was  in  progress,  the  crusade 
for  Prohibition,  which  had  hitherto  been  largely  con- 
fined to  the  States,  assumed  the  aspects  of  a  movement 
for  the  nation-wide  abolition  of  the  manufacture  and 
sale  of  intoxicating  beverages.  The  Sixty-fourth  Con- 
gress, which   served   from   March  4,   1915,   to   March  4, 


174  New  Era  Civics 

1917,  had  a  majority  favorable  to  Prohibition,  as  was 
proved  by  its  act  of  January,  1917,  forbidding  the  sale  of 
intoxicants  in  the  District  of  Columbia. 

The  Sixty-fifth  or  War  Congress,  elected  in  1916, 
was  even  more  strongly  inclined  in  the  same  direction. 
After  that  body  had  adopted  its  war  resolution  in  1917, 
some  of  the  legislation  that  followed  had  the  effect  of 
promoting  the  general  Prohibition  movement.  The 
National  Food  Control  law,  enacted  in  August,  1917,  put 
an  end  to  the  production  of  distilled  spirits,  in  order  to 
conserve  the  supply  of  grain,  fruits  and  other  food  mate- 
rial. By  the  same  act  the  President  was  authorized  to 
forbid  the  production  of  beer  and  wine,  or  to  order  the 
reduction  of  their  alcoholic  content,  when  he  should 
deem  such  a  step  necessary  to  protect  further  the  food 
supply.  Later  President  Wilson  decreed  that  the  alco- 
holic content  of  beer  be  cut  down  to  two  and  three- 
fourths  per  cent. 

In  November,  1918,  Congress  passed  a  law  providing 
that  after  June  30,  1919,  the  manufacture  and  sale  of 
beer  and  wine,  as  well  as  of  spirits,  should  cease  in  the 
United  States,  excepting  beverages  with  an  alcoholic 
content  of  less  than  one-half  of  one  per  cent.  The  armis- 
tice had  then  been  signed,  but  we  were  still  in  a  state 
of  war  with  Germany.  This  legislation  was  therefore 
an  exercise  of  the  war  powers  of  Congress.  It  was  in- 
tended to  be  operative  until  the  American  army  had  been 
demobilized  or  dissolved.  Demobilization  was  not  com- 
pleted on  July  1,  1919;  so  the  new  Prohibition  law  went 
into  effect  on  that  date.  On  October  28,  1919,  Congress 
passed,  over  the  President's  veto,  another  and  more 
stringent  Prohibition  act,  which  was  to  remain  in  effect 
until  the  actual  conclusion  of  the  war  by  a  formal  peace 
with  Germany.    The  Senate  having  declined  to  ratify  the 


Recent  Constitutional  Amendments       175 

peace  treaty  this  statute  remained  in  force  until  January, 
1920,  when  the  Prohibition  amendment  to  the  Constitu- 
tion went  into  effect. 

These  various  War-Time  Prohibition  acts,  as  they 
were  generally  called,  must  be  kept  entirely  distinct  from 
the  Eighteenth  amendment,  or  the  legislation  for  its 
enforcement.  In  time  of  peace  Congress  would  not  have 
had  the  power  to  make  the  nation  "dry"  by  law,  if  the 
Constitution  had  remained  unchanged.  But  while  we 
were  engaged  in  hostilities  with  Germany  and  while  the 
war  condition  was  technically  continued  through  the 
absence  of  a  peace  treaty,  Congress  had  the  constitutional 
right  to  enact  a  general  Prohibition  law  under  its  war 
powers.  This  right  would  have  ended  when  the  peace 
treaty  was  ratified  were  it  not  that  the  constitutional 
amendment  had  been  adopted  in  the  meantime. 

12.  A  Constitutional  Barrier  Removed. — Why  was 
a  constitutional  edict  necessary  to  this  end  in  time  of 
peace?  The  answer  is  found  in  Article  X  of  the  Con- 
stitution, as  follows : 

The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  to  it  by  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

From  the  beginning  of  the  government  the  power  to 
regulate  the  liquor  traffic  within  the  States  has  been 
recognized  as  one  of  their  reserved  powers.  Many  of 
the  States,  as  we  have  seen,  took  advantage  of  this  power 
to  abolish  the  traffic  within  their  respective  borders.  But 
where  a  State  preferred  to  maintain  the  license  system 
Congress  had  no  power  to  interfere  with  it  until  the 
Eighteenth  amendment  became  effective. 

What  really  happened  was  this :  Through  the  ratifica- 
tion of  the  Eighteenth  amendment  by  three-fourths  of 
the  States,  it  was  ordered  that  the  power  reserved  to  the 


176  New  Era  Civics 

States  of  regulating  the  liquor  traffic  should  be  taken 
from  them  and  lodged  in  the  Federal  government ;  while 
at  the  same  time  the  manufacture  and  sale  of  intoxicating 
liquors  throughout  the  nation  were  abolished  by  con- 
stitutional decree. 

13.  The  Provisions  for  Enforcement. — It  was  neces- 
sary for  Congress,  however,  to  provide  by  law  for  the 
enforcement  of  national  Prohibition  under  the  amend- 
ment. Accordingly,  it  combined  with  its  last  War-Time 
Prohibition  statute  of  October  28,  1919,  a  National  Pro- 
hibition act,  to  go  into  effect  when  the  Eighteenth 
amendment  became  operative.  Congress  created  the 
necessary  official  machinery  for  enforcing  the  constitu- 
tional mandate,  and  placed  it  under  the  chief  direction 
of  the  Commissioner  of  Internal  Revenue,  with  whom 
are  associated  a  National  Prohibition  commissioner,  a 
Deputy  commissioner  and  a  number  of  assistant  com- 
missioners. 

Question  Guide  to  Chapter  X 

1.  What  changes  took  place  in  the  Constitution  from  1913  to 
1919?  Name  the  amendments  in  the  order  in  which  they  occurred. 
Is  the  Constitution  often  subject  to  such  change?  If  not,  what  does 
this  prove? 

2.  How  many  kinds  of  taxation  are  there?  What  is  the  dif- 
ference between  direct  and  indirect  taxation?  Give  illustrations. 
What  power  of  taxation  did  the  Constitution  give  to  Congress? 
What  was  the  obstacle  to  the  collection  of  a  Federal  income  tax? 

3.  Explain  why  an  income  tax,  levied  on  the  States,  and  not 
on  individuals,  would  not  work  fairly?  What  was  it  necessary  to 
do  in  order  to  enable  Congress  to  tax  incomes  directly? 

4.  When  did  Congress  submit  the  Sixteenth  amendment  to  the 
States?    In  what  year  was  it  ratified? 

5.  What  were  the  general  provisions  of  the  first  income  tax 
after  the  adoption  of  the  Sixteenth  amendment?     When  was  this 


Recent  Constitutional  Amendments       177 

tax   increased  and  in   what  way?     How  did  the  war  affect  income 
taxes? 

6.  When  was  the  Seventeenth  amendment  ratified  and  what  was 
its  purpose?  How  had  the  Senators  previously  been  chosen?  Tell 
how  the  old  method  prevented  the  people  from  expressing  a  choice 
as  to  Senators. 

7.  What  abuses  developed  in  the  old  method  of  electing  Sena- 
tors?    Did  scandals  arise  under  the  old  system? 

8.  What  is  the  Eighteenth  amendment?  When  was  it  submitted 
and  ratified?  Give  the  substance  of  the  amendment.  In  what  way 
does  the  amendment  differ  from  other  amendments  to  the  Constitu- 
tion?    What  reason  was  given  for  the  one  year's  grace? 

9.  How  many  years  since  the  first  temperance  movement  was 
begun  in  the  United  States?  What  organizations  promoted  this 
agitation?  When  did  it  first  appear  as  a  political  movement?  What 
State  was  the  first  to  adopt  Prohibition?  What  was  the  chief 
reason  for  the  decrease  of  interest  in  the  movement?  What  was 
Governor  Tillman's  Dispensary  law?  Name  two  States  that  adopted 
Prohibition  in  the  eighties. 

10.  When  was  the  Anti-Saloon  League  organized?  When  did 
the  first  Southern  States  accept  Prohibition?  What  was  the  first 
Southern  State  to  adopt  Prohibition  by  popular  vote?  What  progress 
was  claimed  by  the  Anti-Saloon  League  in  1911? 

11.  How  did  the  States  stand  in  1917?  What  is  the  Webb- 
Kenyon  law?  What  happened  to  the  Prohibition  movement  during 
the  war?  How  did  the  war  Congress  aid  the  movement?  Name  a 
feature  of  the  National  Food  Control  law?  What  Prohibition  act 
did  Congress  pass  in  November,  1918?  When  did  this  bill  go  into 
effect?  Were  the  War-Time  Prohibition  act  and  the  Eighteenth 
amendment  distinct? 

12.  Why  was  a  constitutional  amendment  necessary  to  estab- 
lish national  Prohibition  in  time  of  peace? 

13.  When  did  Congress  make  provision  for  the  enforcement 
of  the  Eighteenth  amendment? 


CHAPTER  XI 

THE    WOMAN    SUFFRAGE    AMENDMENT 

On  this  line  we  propose  to  fight  our  battle  for  the  ballot — 
peaceably,  but  nevertheless  persistently — until  we  achieve 
complete  triumph,  and  all  United  States  citizens,  men  and 
women  alike,  are  recognised  in  government. — Susan  B. 
Anthony. 

1.  The  Text  of  the  Amendment.— On  May  21,  1919, 
the  House  of  Representatives,  and  on  June  4th  the  Senate, 
adopted  by  the  necessary  two-thirds  vote  a  resolution 
submitting  to  the  State  Legislatures  the  Nineteenth 
amendment  of  the  Federal  Constitution.  It  reads  as 
follows : 

Section  1.  The  right  of  citizens  of  the  United  States 
to  vote  shall  not  be  denied  or  abridged  by  the  United  States 
or  by  any  State  on  account  of  sex. 

Section  2.  Congress  shall  have  power,  by  appropriate 
legislation,  to  enforce  the  provisions  of  this  article. 

With  this  action  of  Congress,  a  long  advance  was 
made  in  the  crusade  for  the  enfranchisement  of  women 
which  had  been  started  more  than  seventy  years  before. 

2.  The  Pioneer  Suffrage  State. — To  explain  the  rea- 
son and  purpose  of  this  amendment,  it  is  necessary 
to  repeat  that  the  Federal  Constitution,  as  originally 
adopted,  included  no  provision  relating  to  voting  quali- 
fications, and  that  the  regulation  of  the  suffrage  was  one 
of  the  powers  reserved  to  the  States  by  the  Tenth 
amendment. 

178 


The  Woman  Suffrage  Amendment        179 


'■fe 


Prior  to  1890,  no  State  had  conferred  the  voting  fran- 
chise on  women,  if  we  except  a  brief  interval  in  the  early 
history  of  New  Jersey,  in  which  property  owners  with- 
out regard  to  sex  were  permitted  to  cast  ballots  for  all 
candidates  for  office.  For  many  years  women  who  paid 
taxes  were  allowed  to  vote  in  some  of  the  States  in  school 
elections  or  in  other  elections  or  referendums  calling  for 
unusual  expenditures  of  money.  But  never  until  1890, 
when  Wyoming  came  into  the  Union  with  a  Constitution 
granting  the  right  to  vote  to  all  women  on  the  same  terms 
as  men,  did  general  suffrage  for  that  sex  exist  in  any 
State  of  the  Union.  Wyoming  may  therefore  be  called 
the  pioneer  Woman  Suffrage  State.  Indeed,  Wyoming 
territory  had  broadened  the  suffrage  to  include  women 
more  than  twenty  years  before  it  acquired  Statehood.  By 
an  act  passed  in  1869  the  Legislature  of  Wyoming  en- 
abled the  women  of  the  then  existing  territory  to  vote 
for  Delegate  to  Congress  and  to  perform  jury  duty. 

3.  The  Beginning  of  a  Long  Struggle. — In  the  forties 
a  movement  for  Woman's  Rights  was  launched  in  New 
York  State.  Its  general  object  was  to  improve  the  polit- 
ical, industrial  and  professional  status  of  womankind, 
and  the  demand  for  the  ballot  was  only  one  plank  in  its 
platform,  so  to  speak.  We  find  it  taking  organized  form 
at  a  convention  of  its  sympathizers  held  in  the  village 
of  Seneca  Falls,  Western  New  York,  in  1848.  Among 
the  leaders  at  that  convention  were  Mrs  Lucretia  Mott, 
who  was  noted  for  her  zeal  for  the  abolition  of  slavery, 
and  Mrs.  Elizabeth  Cady  Stanton,  afterwards  for  many 
years  one  of  the  leaders  of  the  suffrage  crusade.  Among 
the  resolutions  endorsed  by  the  Seneca  Falls  convention 
was  one  declaring  that  "it  is  the  duty  of  the  women  of 
the  country  to  secure  to  themselves  their  sacred  right 
to  the  elective  franchise." 


180 


New  Era  Civics 


In  the  movement  thus  inaugurated  another  woman 
soon  rose  to  prominence — Miss  Susan  B.  Anthony — who 
for  nearly  sixty  years  thereafter,  or  until  her  death  in 
1906,  was  perhaps  the  most  devoted  and  conspicuous 
champion  of  the 
cause.  Together 
Mrs.  Stanton  and 
Miss  Anthony 
were  for  a  long 
time  the  real  lead- 
ers of  the  move- 
ment. But  Mrs. 
Stanton,  who  was 
burdened  with  the 
cares  of  a  large 
family,  went  on 
record  in  her  later 
years  as  saying 
that  her  spinster 
partner  was  the 
strong  working 
member  of  the 
firm.  The  first 
great  demonstra- 
tion   of    the    Wo-  Susan   B.  Anthony 

man's  Rights  aSSO-        The   famous  Woman  Suffrage  leader  whose  name 
.       .  1  is   often   given   to   the   Nineteenth   amendment   to 

CiatlOn    was    made  the  Constitution. 

at  Syracuse,  New 

York,  in  1852.  It  was  attended  by  two  thousand  persons, 
and  it  aroused  widespread  interest.  It  was  here  that 
Miss  Anthony  made  her  public  debut  as  a  suffragist.  It 
was  followed  by  a  Suffrage  State  Convention  at  Albany 
two  years  later ;  and  then  the  movement  took  a  more 
practical    turn    with    a    campaign    to    induce    the    New 


Browu  Bros. 


The  Woman  Suffrage  Amendment       181 

York  Legislature  to  grant  the  ballot  to  women.  In  the 
course  of  the  agitation  for  this  purpose,  Miss  Anthony 
addressed  meetings  in  nearly  all  the  counties  of  the  State 
in  the  winter  of  1854-5  and  the  following  spring.  But 
the  Legislature  proved  to  be  overwhelmingly  hostile 
to  the  proposal. 

By  this  time  the  Woman's  Rights  propaganda  was 
well-nigh  eclipsed  by  the  slavery  issue ;  and,  although 
Woman's  Rights,  or  Suffrage,  conventions  continued  to 
be  held  intermittently,  the  movement  languished  until 
after  the  Civil  War. 

4.  The  First  Fight  for  Recognition  by  Congress. — 
In  the  years  following  the  Civil  War,  when  the  Con- 
stitution was  undergoing  a  process  of  amendment  to 
safeguard  the  freedom  and  political  rights  of  the  colored 
man,  the  battle  for  Woman  Suffrage  was  transferred  to 
Washington.  Its  leaders  saw  an  inviting  chance  to 
achieve  their  ends  when  the  Fourteenth  amendment  was 
under  consideration  by  Congress.  As  finally  framed, 
this  amendment  provided  that  "all  persons  born  or 
naturalized  in  the  United  States  are  citizens  of  the  United 
States  and  of  the  State  wherein  they  reside" ;  and  it 
further  provided  that  any  State  which  should  deny  to 
its  "male  inhabitants  the  right  to  vote  should  have  its 
representation  in  Congress  reduced  proportionately."  In 
this  amendment  the  word  "male"  is  mentioned  in  the 
Constitution  for  the  first  time.  Its  purpose  was  to  pro- 
tect the  rights  of  citizenship  in  the  case  of  colored  males 
alone.  The  Suffragists  tried  hard  to  have  the  word 
"male"  stricken  out  of  the  amendment,  because,  as  they 
contended,  this  first  constitutional  reference  to  sex  would 
raise  a  fresh  obstacle  against  their  enfranchisement.  But 
Congress  turned  a  deaf  ear  to  their  plea,  and  the  amend- 
ment was  submitted  to  Congress  in  the  form  it  still  retains. 


182  New  Era  Civics 

In  1869,  when  the  Fifteenth  amendment  was  sub- 
mitted, the  Suffragists  renewed  their  pressure  on  Con- 
gress. This  amendment  forbade  any  State  to  deny  its 
citizens  the  right  to  vote  "on  account  of  race,  color  or 
previous  condition  of  servitude."  Again,  Congress  had 
the  interests  of  colored  males  solely  in  mind,  and  again 
it  refused  to  concede  the  claims  of  the  feminine  sex  in 
shaping  the  amendment.  It  seems  strange  now  to  reflect 
that  white  women  were  still  barred  from  the  suffrage  by 
constitutional  amendments  that  recognized  the  citizen- 
ship and  voting  rights  of  the  former  slaves.  The  only 
explanation  for  this  extraordinary  discrimination  that 
historians  can  offer  is  that  popular  sentiment  was  still 
strongly  hostile  to  Woman  Suffrage ;  and  that  the  sup- 
porters of  the  Fourteenth  and  Fifteenth  amendments 
feared  that  their  adoption  would  be  imperiled  if  the 
amendments  were  broadened  so  as  to  concede  the  equal 
political  rights  of  women. 

5.  Miss  Anthony's  Challenge. — In  this  same  year 
of  1869  the  National  Woman  Suffrage  association  was 
organized,  and  then  another  long  stage  of  the  agitation 
set  in.  Three  years  later,  in  the  Presidential  contest  of 
1872,  Miss  Anthony  forced  another  crisis  by  registering 
and  voting  in  her  home  city  of  Rochester,  New  York. 
The  election  inspectors  did  not  resist  her  attempt  to 
register  when  she  claimed  to  be  a  citizen  under  that 
provision  of  the  Fourteenth  amendment  quoted  in  the 
last  paragraph.  Miss  Anthony's  action  was  imitated  by 
ber  three  sisters  and  by  several  other  women  in  her  ward. 
A  fortnight  after  the  election  all  of  them  were  served 
with  warrants  for  violation  of  the  law  by  a  Deputy 
United  States  Marshal.  The  case  attracted  national 
attention.  Miss  Anthony's  trial  took  place  at  Canan- 
daigua.   New  York,   in   the  following  June,  with  Ward 


The  Woman  Suffrage  Amendment       183 

Hunt,   Jr.,    an    Associate   Justice    of    the    United    States 
Supreme  Court,  on  the  bench.    On  the  basis  of  the  undis- 
puted facts,  the  Justice  fined  the  defendant  $100  and  the^ 
costs  of  the  action. 

6.  A  Senate  Defeat  and  State  Victories. — The  Suf- 
frage agitation  went  on,  without  practical  results,  until 
1886,  when  a  resolution  for  the  Susan  B.  Anthony  amend- 
ment to  the  Constitution  was  introduced  in  the  Federal 
Senate.  It  was  voted  down  by  a  majority  of  two  to  one. 
It  was  identical  with  the  Nineteenth  amendment  as  it 
stands  today.  But  the  States  soon  thereafter  began,  on 
their  own  account,  to  grant  women  the  political  recogni- 
tion which  had  so  far  found  such  little  favor  in  Congress. 
The  example  of  Wyoming  in  1890  was  followed  by  Colo- 
rado in  1893,  with  a  State  constitutional  amendment 
giving  the  suffrage  to  women.  Utah  and  Idaho  fell  in 
line  in  1896,  the  State  of  Washington  in  1910,  California 
in  1911,  Arizona,  Kansas  and  Oregon  in  1912,  and  Nevada 
and  Montana  in  1914. 

It  will  be  observed  that  this  original  constitutional 
cluster  of  eleven  Suffrage  States  was  almost  wholly  con- 
fined to  the  extreme  West.  In  all  of  them  women  voted 
in  the  Presidential  election  of  1916.  But  they  had  one 
important  reinforcement  on  that  occasion,  so  far  as  the 
national  contest  was  concerned.  In  1913  the  Legislature 
of  Illinois  enacted  a  law,  as  its  State  Constitution  per- 
mitted it  to  do,  enabling  its  women  to  vote  for  Presi- 
dential Electors.  Accordingly  Illinois  completed  the  full 
dozen  of  States  in  which  women  were  allowed  to  vote 
in  the  contest  that  ended  with  Woodrow  Wilson's  second 
election.  The  group  of  States  granting  women  the  bal- 
lot by  an  amendment  to  the  State  Constitution,  was 
further  enlarged  in  1917,  when  the  people  of  New  York 

voted  for   Suffrage. 
13 


184 


New  Era  Civics 


7.  The  Crusade  for  National  Suffrage. — Before  1916, 
however,  the  movement  for  Suffrage  by  State  action  had 
become  a  determined  crusade  for  nation-wide  enfran- 
chisement of  women  by  an  amendment  to  the  Federal 
Constitution.  This  meant  a  growing  pressure  on  Con- 
gress for  the  submission  of  such  an  amendment  to  the 
States.  It  was  partly  successful  in  February,  1918, 
when  the  popular  branch  of  the  Sixty-fifth  Congress  cast 
the  necessary  two-thirds  vote  for  a  resolution  to  that 


Liuuerwuoii  in  Uuderwooii. 


A  Woman  in  High  Office 

Helen   H.   Gardiner,   member  of   the  United   States  Civil   Service  commission, 

one   of    the    first    women    appointed   by    President    Wilson    to    hold    important 

trusts  under  the  Federal  government. 


effect.  But  the  Senate  was  not  so  compliant.  It  voted 
on  the  resolution  on  October  1st  and  a  minority  suffi- 
ciently large  to  defeat  the  proposal  was  recorded  in  the 
negative.  In  the  election  of  the  following  November, 
the  Suffragists  gained  several  Senators,  and  both 
branches  of  the  new  Congress,  the  Sixty-sixth,  joined  in 
submitting  the  amendment. 

8.     The  Pressure  for  Quick  Action. — So  far  as  the 
power  of  Congress  went,  the  way  was  thus  cleared  for 


The  Woman  Suffrage  Amendment       185 

the  adoption  of  the  amendment  by  the  State  Legislatures. 
The  Suffrage  leaders  now  had  a  double  object  in  view. 
One  was  to  secure  ratification  of  the  amendment  by  three- 
fourths  of  the  Legislatures.  On  this  point  they  were 
confident.  But  they  also  deemed  it  of  the  highest  impor- 
tance to  have  ratification  completed  in  time  to  enable  all 
the  qualified  women  of  the  country  to  vote  in  the  Presi- 
dential election  of  1920.  They  were  here  confronted  by 
a  serious  obstacle,  because  a  majority  of  the  State  Legis- 
latures had  finished  their  regular  1919  sessions  when 
Congress  adopted  the  Suffrage  resolution,  and  they  were 
not  to  meet  again  in  regular  session  before  1921.  The 
only  way  to  overcome  this  difficulty  was  by  calling 
special  sessions  of  Legislatures  for  the  express  purpose 
of  ratifying  the  amendment.  The  Governors  of  a  num- 
ber of  States  responded  to  a  request  to  this  effect  and 
summoned  special  sessions. 

Owing  largely  to  this  expedient,  twenty-two  State 
Legislatures  ratified  before  the  close  of  1919.  Illinois, 
Wisconsin  and  Michigan  started  the  ball  rolling  by  ratify- 
ing on  June  10th,  only  six  days  after  the  Federal  Senate 
had  confirmed  the  action  of  the  House  of  Representa- 
tives;  and  on  December  12th  Colorado  completed  the 
1919  total  of  twenty-two  States. 

Fourteen  more  States,  or  thirty-six  in  all,  were  then 
necessary  for  ratification.  Rhode  Island  and  Kentucky 
ratified  in  January,  and  New  Jersey  in  February — all 
three  at  regular  sessions.  Ten  other  States  ratified  before 
April  1st  at  special  legislative  sessions  called  by  the 
respective  Governors.  When  the  Legislature  of  Wash- 
ington State  took  favorable  action  on  March  22,  the 
total  of  ratifying  States  was  raised  to  thirty-five.  Only 
one  more  State  was  needed.  The  crisis  excited  con- 
siderable interest  throughout  the  country. 


186 


New  Era  Civics 


The  Suffrage  leaders  had  counted  upon  the  Delaware 
Legislature,  which  met  in  special  session  on  March  22d, 
to   supply   the   lacking   vote.      But  after   a  long  contest 

the  lower  branch  rejected 
the  amendment  early  in 
June.  In  the  same  month 
Louisiana  followed  suit. 
Only  five  States  remained 
in  which  no  legislative 
vote  had  been  taken, 
either  for  or  against. 
They  were  Connecticut, 
Vermont,  Florida,  North 
Carolina  and  Tennessee. 
The  Governors  of  Con- 
necticut and  Vermont  re- 
fused persistently  to  call 
extra  sessions,  pleading 
that  the  matter  was  not 
one  of  urgent  necessity. 
The  Governor  of  Florida 
likewise  declined.  The 
struggle  thus  narrowed 
down  to  two  States. 
Public  interest  in  the  result  deepened  when  it  was 
learned  that  special  sessions  of  the  North  Carolina  and 
Tennessee  Legislatures  had  been  called.  In  both  States 
the  opposition  to  Suffrage  was  strong  and  well  organized. 
By  this  time  the  summer  was  advanced  and  the  thirty- 
sixth  State  was  still  missing.  The  time  was  getting 
desperately  short  if  the  amendment  was  to  be  ratified  in 
time  for  the  States  to  make  the  necessary  arrangements 
to  enable  the  women  of  the  country  to  vote  at  the 
approaciiing  Presidential  election. 


ITiiderwood  &  Underwood. 

While  Mother  Votes 

A     kindly     policeman     interesting     the 

little  ones   while   the   mother   is   in   the 

polling  booth  preparing  her  ballot. 


The  Woman  Suffrage  Amendment        187 

9.  The  Last  Act. — The  North  Carolina  Legislature 
met  in  July.  It  was  soon  evident  that  a  favoring  vote 
could  not  be  obtained  from  that  quarter.  But  the  long 
contest  for  Woman  Suffrage  was  ended  in  Nashville  on 
August  18th,  when,  by  the  extremely  close  vote  of  49 
to  47,  the  lower  branch  of  the  Tennessee  Legislature 
approved  the  amendment.  The  State  Senate  had  ratified 
four  davs  before.    Eight  davs  later,  on  August  26th,  Bain- 


IJiiiwn  lii'os. 


Some  F'uture  Citizens 

An  Americanization  class.  First  lessons  in  patriotism  and  citizenship  for  the 
daughters   of   immigrants.     Teaching   them   the   origin   of   the   American   flag. 

bridge  Colby,  Secretary  of  State,  issued  the  proclamation 
certifying  that  the  Nineteenth  amendment  had  become 
a  part  of  the  Federal  Constitution. 

An  effort  was  made  at  Nashville  to  reconsider  and 
reverse  the  close  vote  in  the  Tennessee  lower  house. 
Complications  followed,  and  an  attack  in  the  courts 
upon  the  regularity  of  the  Tennessee  ratification  was 
threatened.  But  all  doubts  as  to  the  validity  of  the 
final  ratification  were  removed  by  the  Legislature  of 
Connecticut,    which    approved    the    amendment    late    in 


188  New  Era  Civics 

September  at  a  special  session  called  by  the  Governor. 
It  thus  clinched  the  ratification,  with  one  State  to 
spare. 

Question  Guide  to  Chapter  XI 

1.  When  was  the  Nineteenth,  or  Woman  Suffrage,  amendment 
submitted  by  the  House,  and  by  the  Senate?  What  are  its  pro- 
visions ? 

2.  Did  the  Federal  Constitution,  as  originally  adopted,  under- 
take to  prescribe  voting  qualifications?  Where,  then,  was  that  power 
lodged?  Did  any  of  the  States  confer  the  ballot  on  women  prior 
to  1890?  What  limited  voting  right  have  women  exercised  in  some 
of  the  States?  What  was  the  first  State  to  grant  the  full  franchise 
to  women?     In  what  year  did  this  occur? 

3.  In  what  broader  movement  did  the  fight  for  Woman  Suffrage 
originate?  When  and  where  did  the  Woman's  Rights  movement 
take  form?  Who  were  two  of  its  most  distinguished  leaders  at  that 
time?  What  famous  woman  later  joined  the  movement?  In  what 
city  and  what  year  was  a  great  Woman's  Rights  demonstration  held? 
In  what  State,  and  when,  did  the  Sufifrage  leaders  conduct  their 
first  crusade  for  legislative  recognition,  and  what  was  the  result? 

4.  What  turn  did  the  movement  take  after  the  Civil  War?  Why 
did  the  Sufifragists  oppose  the  wording  of  the  Fourteenth  amend- 
ment? In  what  later  amendment  did  Congress  discriminate  against 
women?  Why  did  Congress  acknowledge  the  claims  of  race  and 
color  in  drafting  the  Fifteenth  amendment,  and  ignore  those  of  sex? 

5.  When  and  where  did  Susan  B.  Anthony  make  a  famous  test 
case  regarding  her  right  to  vote?  On  what  provision  of  the  Con- 
stitution did  she  base  it?  What  notice  did  the  government  take  of 
her  action?     What  was  the  sequel? 

6.  When  was  the  original  Susan  B.  Anthony  amendment  intro- 
duced in  the  Federal  Senate?  What  disposition  was  made  of  the 
resolution  by  that  body?  Wliat  was  the  first  State  to  follow 
Colorado  in  giving  the  ballot  to  women?  How  many  States  had 
adopted  this  policy  up  to  and  including  1914?  What  was  the  twelfth 
State  in  which  women  were  allowed  to  vote  in  the  Presidential 
election  of  1916?  By  what  means  did  Illinois  join  the  group  of 
Suffrage  States  in  that  contest? 

7.  What  larger  object  did  the  Sufifragists  seek  to  gain  before 
this   time?     What  was  the  result  as  shown   in   Congress   in   1918? 


The  Woman  Suffrage  Amendment       189 

\\  hat  branch  of  Congress  blocked  the  Suflfrage  amendment  in  that 
year?  What  was  the  effect  of  the  elections  of  1918  on  the  amend- 
ment project? 

8.  When  Congress  finally  submitted  the  amendment,  what  two 
objects  did  the  suffrage  leaders  have  in  view?  Why  did  they  con- 
sider quick  action  essential  in  the  matter  of  ratification?  What 
obstacles  were  in  the  way?  \\'hat  expedient  was  adopted  to  bring 
the  question  before  State  Legislatures?  Mention  some  of  the  in- 
teresting developments  in  the  struggle  for  an  early  ratification  of 
the  amendment. 

9.  \\hat  State  Legislature  furnished  the  thirty-sixth  vote  neces- 
sary for  ratification?     What  incidents  marked  the  final  struggle? 


CHAPTER  XII 

OUR    NATIONAL    DEPENDENCIES 

The  people  of  the  United  States,  as  sovereign  owners  of 
the  National  Territories,  have  supreme  pozuer  over  them 
and  over  their  inhabitants. — United  States  Supreme 
Court. 

1.  The  Home  Territories. — In  the  history  of  the 
RepubHc  the  term  "territory"  was  originally  applied  to 
the  land  situated  outside  the  States,  but  owned  by  the 
States.  When  the  Federal  Constitution  was  adopted 
this  land  covered  a  great  area,  which  was  afterwards 
vastly  extended  by  purchases  and  treaties,  including  our 
peace  treaty  with  Mexico.  All  of  this  region  was  divided 
into  territories,  and  these  were  controlled  and  governed 
by  Congress  under  the  provision  of  the  Constitution 
which  authorizes  that  body  "to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  territory 
and  other  property  belonging  to  the  United  States." 
This  clause  shows  how  the  territories  differed  from  the 
States.  The  States  were  in  large  measure  self-governing 
communities ;  but  the  territories  were  no  more  than 
landed  property  owned  by  the  United  States  and  gov- 
erned by  laws  passed  by  Congress. 

In  due  time  all  the  great  territories  stretching  from 
the  original  thirteen  States  to  the  Pacific  ocean  were 
peopled  with  settlers  and  admitted  into  the  Union  as 
States.     The   last  of  them,   Arizona   and   New   Mexico, 

190 


Our  National  Dependencies 


191 


came  into  the  Union  in  1912.  The  whole  area  was  then 
occupied  by  States,  save  only  the  District  of  Columbia, 
in  which  Washington  city  is  located. 

But  our  country  still  has  large  territorial  possessions 
and  responsibilities  owing  to  outside  additions,  beginning 
uith  the  purchase  of  Alaska. 

2.  The  District  of  Columbia. — This  district  covers 
about  seventy  square  miles.  The  site  of  the  National 
Capital    was   purposely   made   neutral   ground.      It   was 


i^iaSitf 

k 

af^f^'^StttlKS^ 

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i» 

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"  ""pl^?»  ? 

BlMMfci^"-  '  ''  fff'i'filftiii^i'firM.  ■ 

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-  -3S 

The  Bioice  Publishing  Co. 

Uncle   Sam's   Model  High   School 

This  is   a  reminder  that  Washington  has  its   city   interests,  like   every  other 
American  community.     It  is   the  city's   Central  High  School,  a  notable   struc- 
ture for  the  ptjrpose,  with  fine  surroundings. 


deemed  fitting  that  Washington,  the  official  home  of  the 
Federal  executive  and  legislature,  should  be  forever  de- 
tached from,  and  politically  independent  of,  the  States. 
The  district  was  acquired  by  act  of  Congress  in  1790. 
In  the  following  year  the  site  for  the  city  was  chosen 
by  President  Washington,  and  Commissioners  were 
appointed  to  lay  it  out.  Congress  first  assembled  there 
in  November,  1800. 

The  first  government  of  the  capital,  which  lasted  some 
seventy  years,  resembled  that  of  many  American  cities 


192  New  Era  Civics 

of  today,  though  it  was  responsible  to  Congress.  It 
included  a  Mayor  and  Common  Council.  But  in  1871 
the  system  was  reorganized  somewhat  after  the  model 
in  the  United  States  territories  of  the  early  days,  with 
a  Governor,  legislative  assembly  and  various  boards  or 
commissioners.  The  district  was  also  privileged,  like 
each  territory,  to  elect  a  delegate  to  Congress.  But  this 
plan  proved  unsatisfactory,  and  it  had  a  short  life. 

In  1874  the  government  of  Washington,  which  is  now 
in  force,  was  created  by  Congress.  It  is  in  charge  of 
three  commissioners  appointed  by  the  President,  two  of 
them  from  civil  life  and  one  from  the  army.  They  exer- 
cise the  powers  usually  intrusted  to  city  government  in 
the  States,  with  this  difference,  that  Congress  retains 
decisive  authority  over  the  district.  Each  branch  of 
Congress  has  a  committee  on  the  District  of  Columbia, 
and  through  these  committee  agencies  such  laws  as  may 
be  necessary  for  the  government  of  the  district  are 
frarned  and  follow  the  general  course  of  legislation.  The 
district,  however,  has  no  longer  any  representation  in 
Congress.  Its  permanent  residents,  moreover,  have  no 
votes  in  Presidential  elections ;  but  the  government  offi- 
cials temporarily  dwelling  there  do  not,  of  course,  forfeit 
the  right  to  vote  in  their  home  districts.  The  city  has 
its  separate  judicial  system,  and  its  citizens  are  taxed  for 
half  the  cost  of  running  their  government,  the  other  half 
being  assessed  on  the  Federal  Treasury. 

3.  The  Territory  of  Alaska. — Of  the  American  pos- 
sessions beyond  the  national  boundaries,  Alaska,  pur- 
chased from  Russia  in  1867,  is  the  oldest.  It  is  also,  by 
long  odds,  the  largest  in  area  of  our  foreign  territories 
or  dependencies,  covering,  as  it  does,  nearly  600,000 
square  miles.  It  cost  our  government  $7,200,000,  or  at 
the  rate  of  a  little  more  than  $12  per  square  mile;  never- 


Our  National  Dependencies 


193 


theless,  it  was  long  regarded  by  many  Americans  as  a 
barren  waste  and  a  foolish  investment.  But  in  time  the 
judgment  of  William  H.  Seward,  Secretary  of  State  in 
1867,  who  strongly  favored  the  purchase  and  who  con- 
ducted the  negotiations  with  Russia,  was  vindicated. 
For  the  ten  years  thereafter  Alaska  was  governed  by  the 
War  department,  but  its  meager  customs  duties  were 
collected  by  the  Treasury  department,  which  in  1877 
obtained  official  control  of  the  region.  In  1884  Congress 
passed  a  law  which  extended  to  Alaska  some  of  the  laws 
of    the     State    of 


Oregon,  created  a 
judicial  district 
and  a  land  district 
there,  put  in  force 
therein  the  min- 
ing laws  of  the 
United  States  and 
gave  the  country 
an  administrative 
system. 

The  territorial 
history  of  Alaska 
underwent  a  sen- 
sational change  in 

1896,  when  gold  was  discovered  in  the  Klondike.  The 
rush  of  new  settlers  and  gold  seekers  to  Alaska  and  the 
development  of  a  big  American  colony  there  necessi- 
tated additional  laws  by  Congress.  These  were  followed 
in  1903  by  the  Alaska  Homestead  act — an  act  for  the 
better  regulation  of  land  and  mining  claims.  In  1906 
Alaska  was  authorized  to  send  a  Delegate  to  Congress, 
and  in  1912  it  was  organized  by  act  of  Congress  as  a 
territorv  of  the  United  States. 


Brown  Bros. 

The  Alaskan  Capitol 

The  city  of  Juneau,  in  which  it  is  located,  nestles 
at  the  foot  of  towering  mountains. 


194  New  Era  Civics 

The  territory  now  has  a  Governor  appointed  by  the 
President  and  serving  for  a  term  of  four  years.  It  has  a 
territorial  Legislature  with  two  branches — a  Senate  with 
eight  members  and  a  House  of  Representatives  with 
sixteen  members.  The  country  is  divided  into  four 
judicial  districts,  and  in  each  of  them  two  Senators  and 
four  Representatives  are  elected  to  the  territorial  legis- 
lature, the  Senators  for  a  four  years'  term  and  the  Rep- 
resentatives for  a  two  years'  term.  The  Legislature 
meets  every  two  years  at  Juneau,  the  capital.  Its  power 
extends  "to  all  rightful  subjects  of  legislation  not  incon- 
sistent with  the  Constitution  and  laws  of  the  United 
States,"  the  exceptions  being  enumerated  in  the  act  of 
1912.  But  the  appointive  Governor  may  veto  any  act 
passed  by  the  Legislature,  and  all  of  its  laws  are,  more- 
over, dependent  upon  the  approval  or  disapproval  of 
the  Congress  at  Washington. 

4.  The  Territory  of  Hawaii. — The  territorial  gov- 
ernment of  Hawaii  does  not  differ  in  any  important 
particular  from  that  of  Alaska.  The  Hawaiian  (or 
Sandwich)  islands  were  annexed  to  the  United  States 
by  an  act  of  Congress  in  1898.  The  islands  were  formerly 
an  independent  kingdom,  but  in  1893  the  people  over- 
threw their  ruler  and  established  a  republic.  Five  years 
afterwards  Hawaii  became  a  part  of  the  United  States 
on  the  petition  of  its  inhabitants. 

The  Governor  of  Hawaii  is  appointed  by  the  Presi- 
dent, but  the  Legislature  is  larger  than  Alaska's,  with 
fifteen  Senators  and  thirty  Representatives,  whose  re- 
spective terms  are  the  same.  In  Hawaii  the  right  to 
vote  is  confined  to  those  who  are  able  to  speak,  read  and 
write  the  English  or  Hawaiian  language.  The  Legisla- 
ture meets  at  the  Capital,  Honolulu,  and  the  adminis- 
trative officers  there  located,  corresponding  with  those 


Our  National  Dependencies 


195 


•^ikS^^ 


&^ 


^^0f^ 


In  Distant  Honolulu 

The  Capitol  building  of  Hawaii,  picturesquely  situated  as  above,  was  built 
in  the  days  of  the  Hawaiian  monarchy  by  King  Kalakaua.  It  was  there  his 
sister  and  successor  lived  when  she  was  dethroned  in  the  early  nineties. 
The  Hawaiian  Islands  were  annexed  by  the  United  States  in  189S,  and  since 
that  time  the  building  has  been  occupied  by  the  territorial  legislature  and 
the   officers  of  the   territorial   government. 

in  many  of  the  States,  are  appointed  by  the  Governor, 
generally  from  the  resident  population.  In  both  Alaska 
and  Hawaii  the  higher  judges  are  appointed  by  the  Presi- 
dent, and  they  are  empowered  to  name  the  judges  for  the 
inferior  courts. 

5.  The  Government  of  Porto  Rico. — Since  the  admis- 
sion of  Arizona  territory  into  the  Union  in  1912,  Alaska 
and  Hawaii  have  been  commonly  classed  as  our  "or- 
ganized territories,"  because  they  follow  closely  our  old 
territorial  model.  But  Porto  Rico  is  now  very  close  to 
this  status,  though  it  still  remains  an  island  possession, 
as  distinguished  from  a  territorial  annex  of  the  United 
States.  Like  Hawaii  and  Alaska,  it  has  an  appointive 
Governor  and  an  elective  Legislature. 

Porto  Rico  and  some  small  adjacent  islands  were 
acquired  by  the  United  States  from  Spain  as  a  result  of 


196 


New  Era  Civics 


our  war  with  that  country  in  1898.  Until  1917  its  right 
of  legislative  self-government  was  limited,  but  in  that 
year  Congress  passed  a  law  which,  for  all  practical  pur- 
poses, placed  the  island  on  a  political  level  with  our  two 
outlying  and  organized  territories.  Under  the  forriier 
system  the  lower  branch  of  its  Legislature  was  elected 
by  the  people  of  the  island,  but  the  upper  branch  was 
composed  of  a 
council  appointed 
by  the  President. 
By  an  act  of  1917 
this  council  was 
transformed  into 
a  Senate,  to  be 
chosen  by  the  peo- 
ple. The  upper 
branch  now  con- 
sists of  nineteen 
members,  elected 
for  four  years, 
and  the  lower  of 
thirty-nine  mem- 
bers, elected  for  two  years.  They  meet  in  February  of 
every  odd  year  at  the  capitol,  San  Juan. 

The  new  act  further  provides  that  all  citizens  of 
Porto  Rico  "shall  be  deemed,  and  held  to  be  citizens  of 
the  United  States."  Under  the  law  all  citizens  of  Porto 
Rico  who  can  read  and  write  are  qualified  to  vote,  but 
the  Legislature  is  permitted  to  add  such  other  qualifica- 
tions as  it  may  consider  wise  (barring  a  property  quali- 
fication) though  such  electoral  laws  would  be  subject 
to  approval  by  Congress.  For  the  purposes  of  legisla- 
tive representation  the  island  is  divided  into  thirty-five 
districts,  each  of  which  is  entitled  to  a  member  of  the 


ITnderwood  &  Underwood. 

In  Porto  Rico 

A  Fourth  of  July   scene  in  San  Juan,  the  capital 
city.     The  San  Juan  Home  Guard  on  parade. 


Our  National  Dependencies  197 

lower  branch.  The  other  four  members  of  this  branch 
are  elected  by  the  people  on  a  general  ticket.  These 
thirty-five  districts  are  divided  into  seven  Senatorial 
districts,  that  is,  into  a  group  of  five  "contiguous  and 
compact"  districts,  and  each  of  the  larger  districts  thus 
created  is  entitled  to  two  Senators.  This  accounts  for 
fourteen  members  of  the  Porto  Rico  Senate,  and  the 
other  five  are  Senators-at-large,  chosen  by  all  the  voters 
of  the  island. 

Aside  from  the  appointive  government,  Porto  Rico 
is  provided  with  a  rather  elaborate  executive  organiza- 
tion, consisting  of  a  department  of  justice,  headed  by  an 
attorney  general ;  a  finance  department,  headed  by  a 
treasurer ;  and  departments  of  education,  of  the  interior, 
of  agricultural  and  of  health,  all  headed  by  commis- 
sioners. Of  the  department  chiefs,  the  Attorney  General 
and  the  commissioner  of  education  are  appointed  by  the 
President  and  the  other  four  by  the  Governor  of  the 
island.  The  six  form  an  executive  council  to  the  Gov- 
ernor. The  Governor  has  the  right  of  vetoing  laws 
passed  by  the  Legislature,  and  if  a  bill  is  repassed  by  a 
two-thirds  vote  in  spite  of  his  disapproval,  it  must  be 
transmitted  to  the  President  at  Washington,  and  his 
disposition  of  the  matter  is  final. 

Porto  Rico  has  an  excellent  judicial  organization,  with 
a  Supreme  Court  comprising  one  Chief  Justice  and  five 
associates  appointed  by  the  President,  supplemented  by 
a  system  of  territorial  district  and  local  courts  created 
by  the  Legislature  and  presided  over  by  judges  appointed 
by  the  Governor.  The  island  also  has  a  Federal  Dis- 
trict judge.  In  the  administration  of  Federal,  as  distinct 
from  local,  justice,  it  constitutes  a  single  Federal  dis- 
trict ;  while  Alaska  is  divided  into  three  such  districts, 
and  Hawaii  into  two,  with  a  corresponding  number  of 


198 


New  Era  Civics 


Federal  District  judges.  For  Porto  Rico,  appeals  from 
the  Federal  District  court  are  made  to  the  First  Circuit 
Court  of  Appeals  Mn  the  United  States.  Alaskan  and 
Hawaiian  appeals  go  to  the  Ninth  Circuit  Court. 

Porto  Rico's  representative  in  Congress  is  called  a 
Resident  Commissioner,  and  the  same  title  is  applied  to 
the  two  representatives  in  Congress  of  our  greatest  in- 
sular dependency,  the   Philippines, 


Our  Philippine  Lawmakers 

The    first    native    Philippine    Assembly    under    American    auspices,    organized 

in    1907. 


6.  The  Philippines. — The  government  of  the  Philip- 
pines has  presented  a  far  more  complex  problem  than 
that  of  the  three  outlying  possessions  already  named. 
This  archipelago,  acquired  from  Spain  with  Porto  Rico 
in  1898,  embraces  more  than  three  thousand  islands  and 
islets,  of  which  some  fifteen  hundred  are  unidentified  by 
any  name.  The  inhabitants,  chiefly  of  the  Malay  race, 
include  some  twenty-five  different  tribes,  speaking  at 
least  nineteen  different  dialects,  and  made  up  of  Chris- 
tians and  Mohammedans,  with  a  wild  remnant  of  idol  wor- 


Our  National  Dependencies  199 

shippers.  Of  the  civilized  tribes,  the  Visayans  are  the 
most  numerous,  constituting  nearly  half  of  that  element ; 
and  Luzon,  with  40,000  square  miles,  is  the  largest  of 
the  islands,  as  well  as  the  foremost  in  civilization  and 
political  importance. 

F'or  four  years  after  the  Philippines  had  passed  under 
American  control,  the  affairs  of  the  archipelago  were 
under  military  direction,  with  an  American  Governor  in 
charge;  but  in  1902  a  civil  government  was  established 
throughout  the  greater  part  of  the  islands.  It  was  ad- 
ministered by  a  Civil  Governor  (afterwards  named 
Governor-General)  and  seven  Commissioners,  of  whom 
three  were  native  Filipinos,  with  headquarters  at  the 
capital,  Manila.  With  occasional  changes  of  no  special 
moment,  the  islands  were  thus  governed  until  1907.  Con- 
gress then  enacted  a  law  creating  an  Assembly  of  elective 
members,  to  constitute  a  legislative  body,  with  the  Philip- 
pine commissioners  appointed  by  the  President,  whose 
number  was  increased  to  nine,  serving  as  an  upper 
branch,  or  provisional  Senate. 

This  plan  worked  so  well  in  its  effect  upon  the  people 
and  in  its  assurance  of  order  and  popular  contentment 
that  in  August,  1916,  Congress  enacted  the  law  now  in 
force,  which  enlarged  the  political  rights  of  the  Filipinos 
by  giving  them  an  elective  Senate.  When  this  law  was 
passed  a  determined  effort  was  made  to  incorporate  in 
it  a  promise  that  after  a  lapse  of  two  years  (with  an 
extension  of  two  more  years  in  the  discretion  of  the 
President)  absolute  independence  should  be  granted  to 
the  Philippines ;  and  a  proviso  to  that  effect  was  adopted 
by  the  Senate.  But  the  House  of  Representatives  re- 
jected it,  and  the  upshot  was  a  compromise  preamble  to 
the  act  in  which  independence  was  promised  to  the  Philip- 
pines when  they  had  fullv  demonstrated  the  capacity  to 

14 


200 


New  Era  Civics 


maintain  a  stable  government  of  their  own.     By  the  law 
of    1916   non-Christian    tribes   of   the    archipelago  were 
allowed  legislative  repre- 
sentation for  the  first  time. 

In  the  main,  the  execu- 
tive, legislative  and  ju- 
dicial administration  of 
the  islands  corresponds 
with  that  of  our  other 
major  possessions.  The 
President  appoints  the 
Governor-General  and  the 
Supreme  Court,  while  the 
Governor  names  the  lesser 
judges.  There  is,  how- 
ever, no  Federal  District 
judge  in  this  far  distant 
dependency.  The  Philip- 
pine Supreme  Court  is  the  last  judicial  resort,  save  in 
exceptional  cases  involving  large  sums  of  money  or  con- 
stitutional or  treaty  rights ;  and  in  these,  appeals  can  be 
taken  to  the  United  States  Supreme  Court.  One  other 
distinction  must  be  noted.  The  exercise  of  local  powers 
is  more  widely  distributed,  from  the  necessities  of  the 
situation,  than  in  Alaska,  Hawaii  and  Porto  Rico.  The 
island  is  divided  into  provinces  for  this  purpose,  and 
each  is  furnished  with  a  local  government ;  while  the 
districts  peopled  largely  by  Mohammedan  and  other  non- 
Christian  tribes  are  under  the  administrative  control  of 
a  Bureau  of  Non-Christian  tribes. 

7.  Our  Lesser  Dependencies. — The  minor  depen- 
dencies of  the  United  States  call  for  only  brief  attention. 
The  nearest  to  us  is  the  Panama  Canal  Zone,  the  strip  of 
land  ten  miles  wide  penetrated  through  its  whole  length 


Underwood  &  Underwood. 

A   Philippine   Baseball  Team 

These  lads  belong  to  a  tribe  that  was 
savage  before  the  American  occupa- 
tion of  the  islands  in  1898.  They  have 
caught  the  spirit  of  our  national  game 
— a  pretty  good  sign  that  they  will 
quickly   fall   into  American   ways. 


Our  National  Dependencies 


201 


by  the  Panama  Canal  and  having  a  total  area,  land  and 
water,  of  441  square  miles.  It  was  acquired  by  treaty 
from  the  Republic  of  Panama  in  1904,  to  serve  as  a 
territorial  basis  for  the  administration  of  the  afifairs  of 
the  Canal.  It  is  now  under  the  direction  of  a  civil  Gov- 
ernor appointed  by  the  President. 

The  island  of  Guam  was  ceded  to  us  by  the  Spanish 
treaty  of  1898.     Its  chief  utility  is  that  of  naval  station. 


The  Panama  Canal 

The    United    States    battleship    Kansas    passing    through    the    Middle    East 

Chamber  of  the  Gatun  locks. 


and  its  territory,  embracing  about  225  square  miles,  is 
governed  by  the  Navy  department,  through  an  officer 
named  by  the  President.  It  has  some  official  interest 
for  the  Department  of  Agriculture,  which  maintains  an 
experiment  station  there. 

Among  our  distant  dependencies  is  the  diminutive 
Wake  island,  which  lies  in  the  ocean  route  from  Honolulu 
to  Hong  Kong.  The  American  flag  also  flies  over  a 
scattered  cluster  of  small  islands  in  the  Pacific,  and 
among  them  may  be  named  the  Christmas,  Gallego,  Star- 
buck,  Penrhyn,  Phoenix,  Palmyra,  Howland,  Baker,  John- 


202  New  Era  Civics 

ston,  Gardner,  Morell,  Marcus  and  Midway  islands,  the 
last  named  occupied  by  a  colony  of  telegraphers. 

In  the  remote  Samoan  group  we  have  an  island  called 
Tutuila,  which  boasts  the  finest  island  harbor  in  the  South 
Pacific — Pago-Pago.  Tutuila,  with  five  insignificant 
islets,  became  a  possession  of  the  United  States  in  1899 
by  the  terms  of  a  treaty  between  our  government.  Great 
Britain  and  Germany, 

The  latest  dependency  acquired  by  the  United  States 
is  the  Virgin  Islands,  of  the  Danish  West  Indies — St. 
Croix,  St.  Thomas  and  St.  John — purchased  from  Den- 
mark in  1916  for  $25,000,000.  Their  total  population  is 
something  over  26,000,  and  their  administration  is  in  the 
hands^of  officials  appointed  from  Washington. 

S'.  Our  National  Proteges. — It  should  be  added  that 
our  government  exercises  a  protectorate  over  Haiti  and 
the  Donlinican  Republic,  under  a  treaty  agreement  by 
which  it  collects  the  import  duties  of  the  two  countries, 
applies  the  proceeds  to  the  payment  of  their  foreign  debts 
and  exercises  other  protective  supervisions  over  their 
affairs.  This  arrangement  secures  them  from  molesta- 
tion by  any  foreign  nation. 

The  United  States  maintains  close  relations  with  the 
Republic  of  Cuba,  whose  independence  it  was  instru- 
mental in  obtaining.  The  Cuban  constitution  gives  us 
the  right  of  intervention  in  the  island  for  the  restoration 
of  order  if  the  necessity  arises.  This  right  was  estab- 
lished by  an  amendment  to  our  treaty  with  Cuba  after 
the  Spanish-American  war. 

Our  government  exercises  a  similar  benevolent  super- 
vision over  the  Republic  of  Panama,  which  we  have 
engaged  by  treaty  to  defend  from  foreign  aggression. 
These  two  countries  may  therefore  be  included  among 
our  national  proteges  in  the  western  hemisphere. 


Our  National  Dependencies  203 

Question  Guide  to  Chapter  XII 

1.  Of  what  were  the  original  territories  of  the  United  States 
composed?  What  is  the  difference  between  the  States  and  the 
territories?  When  were  the  last  of  our  territories  on  this  con- 
tinent admitted  to  the  Union. 

2.  Tell  something  about  the  District  of  Columbia.  How  and 
by  whom  is  the  National  Capital  now  governed?  Can  Washington 
residents  vote  in  national  elections? 

3.  When  and  how  did  the  United  States  acquire  Alaska?  What 
famous  American  had  much  to  do  with  its  purchase,  and  what  was 
the  price?  How  was  it  originally  governed?  What  event  greatly 
increased  its  importance?  When  was  it  organized  as  a  territory  of 
the  United  States? 

4.  When  was  Hawaii  annexed  to  the  United  States?  Who 
appoints  the  Governor  of  Hawaii  as  well  as  of  Alaska?  How  many 
Senators  and  Representatives  sit  in  the  Hawaiian  Legislature?  How 
are  the  principal  judges  appointed  in  both  Hawaii  and  Alaska? 

5.  When  and  for  what  reason  did  Porto  Rico  pass  under  the 
control  of  the  United  States?  What  important  change  in  its  govern- 
ment took  place  in  1917?  How  were  the  citizens  of  the  island 
affected  by  the  act  of  1917?  Into  how  many  legislative  districts  is 
Porto  Rico  now  divided?  What  is  the  number  of  its  Senators  and 
of  its  Representatives?  Name  its  executive  departments.  Which  of 
the  department  heads  are  appointed  by  the  President?  How  is  the 
executive  council  made  up?  What  is  Porto  Rico's  representative  in 
Congress  called?  What  other  American  dependency  has  representa- 
tives in  Congress  bearing  the  same  title? 

6.  What  conditions  have  made  the  government  of  the  Philip- 
pines exceptionally  difficult?  IMention  some  facts  relating  to  the 
islands.  Which  is  the  largest  and  most  important  island?  When 
were  the  Philippine  commissioners  first  named?  When  did  Congress 
concede  to  the  Filipinos  a  one-branch  Legislature?  When  was  the 
law  passed  giving  the  Filipinos  a  Legislature  of  two  branches?  What 
promise  accompanied  the  enactment  of  this  law?  How  do  the  Philip- 
pines differ  from  our  other  large  dependencies  as  regards  the 
administration  of  Federal  justice?  How  are  the  Philippines  further 
distinguished  in  the  matter  of  local  government? 

7.  Tell  something  about  our  lesser  foreign  dependencies,  begin- 
ning with  the  Canal  Zone.  When  did  we  acquire  the  Danish  West 
Indies,  and  what  were  the  terms? 


204  New  Era  Civics 

8.  Over  what  small  nations  do  we  exercise  a  protectorate,  and 
what  is  its  nature?  What  is  the  relation  of  the  United  States  to 
Cuba  and  the  Republic  of  Panama? 


PART  III 

THE  STATE 


CHAPTER  XIII 

THE   GOVERNMENT    OF   THE    STATES 

The  powers  delegated  by  the  Constitution  to  the  Federal 
government  are  fczv  and  defined.  Those  which  remain  in 
the  States  are  numerous  and  indefinite. — James  Madison. 

1,  Powers  Denied  to  the  States. — In  the  United 
States  there  are  forty-eight  different  kinds  of  State  gov- 
ernment. No  two  State  systems  of  government  are 
ahke,  because  each  State  has  adopted  its  own  system, 
independent  of  the  others,  by  virtue  of  the  power  reserved 
to  it  by  the  Constitution. 

Certain  powers  are  denied  to  the  States  by  the  Con- 
stitution. A  reading  of  that  document  shows  what  these 
forbidden  powers  are. 

No  State  is  permitted  to  negotiate  a  treaty  or  form 
an  alliance  with  a  foreign  country. 

No  State  may  coin  money,  make  anything  but  gold 
or  silver  a  legal  tender  for  the  payment  of  debts,  or 
pass  any  law  impairing  the  obligation  of  contracts. 

No  State  may,  without  the  consent  of  Congress,  col- 
lect any  duties  on  imports  or  exports  at  its  ports,  except 
in  the  shape  of  fees  to  meet  the  cost  of  its  inspection 
and  quarantine  laws  and  the  like.  Even  if  Congress 
should  authorize  a  State  to  levy  such  duties,  the  net 
proceeds  would  have  to  go  to  the  United  States  Treasury. 

No  State  is  allowed,  without  the  consent  of  Congress, 
to  keep  a  standing  army  or  maintain  a  navy  in  time  of 

207 


208  New  Era  Civics 

peace,  or  to  engage  in  war  on  its  own  account  unless  it 
is  actually  invaded  under  conditions  that  call  for  im- 
mediate defense. 

No  State  may  make  or  enforce  any  law  which  will 
abridge  the  privileges  of  citizens  of  the  United  States, 
or  deprive  any  person  within  its  boundaries  of  life,  liberty 
or  property  without  due  process  of  law. 

These  are  but  a  few  of  the  powers  withheld  from  the 
States  by  the  Constitution,  and  with  regard  to  all  the 
powers  so  withheld  the  States  are  absolutely  subject  to 
the  authority  of  the  national  government. 

2.  Powers  Vested  in  the  States. — But  when  we  check 
off  the  powers  and  rights  withheld  from  the  States  by 
the  Constitution,  it  will  be  found  that  many  of  grave 
importance  to  the  people  are  still  vested  in  the  State 
governments.  The  State  can  determine  by  law  what 
citizens  within  its  jurisdiction  are  entitled  to  vote,  sub- 
ject to  certain  restrictions  named  in  the  Constitution 
itself.  In  this  regard  each  State  has  great  latitude.  It 
is  a  very  important  one,  because  the  voters  of  a  State 
can  and  do  determine  its  kind  and  method  of  government. 

The  States  have  full  power  to  organize  not  only  their 
own  governments,  according  to  the  will  of  their  people, 
but  to  provide  governments  for  their  political  sub- 
divisions, such  as  counties,  cities,  towns  and  villages,  the 
only  condition  being  that  such  governments  shall  be 
republican  in  form,  using  that  term  in  its  broader  sense. 

Again,  the  States  can  decide  how  their  necessary 
revenue  shall  be  raised  by  taxation  or  by  bond  issues 
for  the  support  of  their  several  governments. 

But  the  power  of  the  State  which  affects  its  people 
most  vitally  is  what  is  commonly  known  as  its  police 
power.  It  is  this  power  of  the  State  which  enables  it 
to  adopt  all  necessary  measures  to  protect,  or  to  authorize 


The  Government  of  the  States 


209 


its  various  local  communities  to  protect,  the  lives,  the 
health,  and  the  property  of  its  inhabitants,  to  preserve 
the  peace,  to  promote  the  general  welfare,  and,  of  course, 
to  prevent  and  punish  crime. 

Another  field  of  opportunity  and  service  is  reserved 
to  the  State  in  its  control  of  education.    While  the  schools 


A  Famous  Senate  Chamber 


Brown  Bros. 


The    interior   of    the    State    Capitol    at    Albany— noted    for    its    artistic    mag- 
nificence   and    great    cost.     The    above    represents    a    section   of   the   chamber 
where  the  State  Senate  meets. 


are  local,  the  State  directs  their  general  policy  of  adminis- 
tration and  is  the  real  master  of  the  system. 

The  State,  also,  creates  and  licenses  the  various  cor- 
porations which  do  business  within  its  borders,  and  as 
a  rule  it  vigilantly  supervises  or  regulates  the  operations 
of  the  companies  organized  to  serve  the  people — the  so- 
called  public-service  corporations,  such  as  railway,  light 
and   telephone   companies. 


210  New  Era  Civics 

Finally,  it  provides,  through  its  own  courts,  for  the 
administration  of  justice  in  the  multitude  of  civil  and 
criminal  actions  arising  under  State  law. 

3.  The  State  Legislatures. — While  the  governing 
systems  of  the  States  differ  in  many  important  details, 
all  of  them  have  certain  uniform  features.  In  each  the 
Legislature  is  composed  of  two  branches,  and  in  each  a 
Governor  is  the  chief  executive.  The  Legislature,  like 
Congress,  is  divided  into  two  branches,  the  lower  one 
being  the  larger.  The  upper  branch  differs  substantially 
from  the  Senate  at  Washington.  One  object  in  creating 
the  Federal  Senate  was  to  give  all  the  States,  regardless 
of  their  populations,  equal  representation  in  one  of  the 
branches  of  Congress.  No  such  necessity  confronted 
the  States  in  constituting  their  respective  Legislatures. 
Apart  from  this  distinction  between  the  two  legislative 
systems,  the  States  have  acted  on  the  same  principle  as 
the  Federal  government,  namely,  of  establishing  two 
legislative  chambers,  one  of  which,  the  upper  branch, 
has  a  limited  membership  and  represents  large  dis- 
tricts. 

As  a  result,  we  find  that  the  legislative  branch  which 
corresponds  to  the  Senate  at  Washington  and  which  is, 
in  fact,  called  the  Senate  in  practically  all  of  the  States, 
ranges  from  less  than  twenty  to  more  than  sixty  mem- 
bers in  the  various  States;  while  the  lower  branch  runs 
from  nearly  forty  to  more  than  four  hundred  members. 
On  the  average,  the  lower  branches  of  the  State  Legis- 
latures contain  from  two  to  three  times  as  many  members 
as  the  upper.  On  account  of  its  smaller  membership  and 
the  larger  constituency  back  of  it,  a  seat  in  the  State 
Senate  carries  more  dignity  than  one  in  the  lower  branch. 
To  emphasize  this  distinction,  a  majority  of  the  States 
elect    their    members    of    the    State    Senate    for    longer 


The  Government  of  the  States  211 

terms  than  are  allowed  to  the  popular  representatives, 
or  members  of  the  lower  house.  In  other  States,  how- 
ever, the  terms  of  the  two  classes  of  lawmakers  are  the 
same. 

No  doubt,  the  original  idea  back  of  this  system  of 
unequal  legislative  wings  was  to  make  the  State  Senate 
a  conservative  influence.  But  this  object  has  been 
realized  in  practice  to  only  a  limited  extent.  This  is 
because  there  is  no  such  difference  in  the  representa- 
tion within  the  various  States,  in  the  terms  of  the  two 
classes  of  legislators  and  the  parliamentary  rules  govern- 
ing the  separate  branches  of  the  State  Legislatures,  as 
is  seen  in  the  election,  service  and  processes  of  the  two 
branches  of  the  national  body.  In  all  the  States  the  two 
legislative  branches  must  join  in  the  passage  of  bills  as 
in  Congress. 

4.  The  Legislative  Districts. — The  members  of  each 
State  Legislature  are  elected  from  districts  outlined  by 
the  Legislature  itself.  In  most  of  the  States  the  unit 
in  the  districting  of  the  State  is  the  county,  the  only 
exceptions  to  this  rule  being  in  New  England,  where 
the  town  is  the  basis  of  representation.  The  State  Senate 
districts  are  composed  of  large  counties  or  groups  of 
smaller  counties,  except  in  such  instances  as  in  New  York 
and  Kings  counties  within  the  metropolis,  where  the 
counties  are  so  populous  that  they  must  be  divided  into 
a  number  of  Senate  districts.  The  members  of  the  lower 
branch  in  each  State  are  elected  from  smaller  districts, 
but  here,  too,  the  county  boundaries  are  respected. 

The  theory  behind  the  districting  of  States  for  the 
election  of  Senators  and  members  of  the  lower  branch 
is  that  the  division  of  the  population  in  all  the  districts 
of  each  class  shall  be  nearly  equal.  But,  as  in  the  case 
of  Congress  districts,  it  is  impossible  to  attain  this  object 


212  New  Era  Civics 

in  practice,  because  the  county  boundaries,  which  cannot 
be  changed,  must  be  taken  into  consideration.  As  a  mat- 
ter of  fact,  the  State  legislative  districts  vary  much  more 
in  population  than  the  Congress  districts,  owing  to  the 
requirement  in  many  States  that  even  the  smallest  coun- 
ties are  entitled  to  separate  representation  in  the  lower 
branch  of  the  Legislature.  In  New  York  State,  for 
example,  some  of  the  more  populous  districts  cast  a  vote 
for  members  of  the  lower  branch  of  the  Legislature  from 
four  to  five  times  as  large  as  the  smallest  districts. 

5.  The  State  Executives. — The  Governor  of  each 
State  is  elected  directly  by  the  people,  and  exercises  the 
chief  executive  power.  Originally  this  authority  was 
limited  in  various  ways,  but  the  steady  tendency  has 
been  to  make  him  independent  of  the  Legislature,  and 
in  his  smaller  field  his  power  is  now  in  many  respects 
similar  to  that  of  the  President.  The  power  of  appoint- 
ment is  lodged  with  him,  as  is  also,  in  many  cases,  the 
pardoning  power,  though  this  latter  function  is  intrusted 
in  some  States  to  commissions  or  councils,  of  which  the 
Governor  may  or  may  not  be  a  member.  He  exercises 
the  power  of  veto,  and  in  most  States  he  is  at  liberty  to 
use  it  in  striking  what  he  considers  objectionable  items 
from  appropriation  bills.  He  can  call  special  sessions  of 
the  Legislature  and  address  that  body  from  time  to  time 
on  subjects  which,  in  his  judgment,  demand  considera- 
tion. 

6.  Terms  of  Service  and  Compensation. — The  terms 
of  the  Governors  of  the  several  States  vary  from  one 
year  to  four  years.  Massachusetts  is  the  sole  State  which 
gives  its  Governor  a  one-year  term.  New  Jersey  elects 
its  Governor  for  three  years.  The  other  forty-six  States 
are  almost  evenly  divided  in  their  preferences  as  between 
a  four-year  and  a  two-year  term.     The  great  majority 


The  Government  of  the  States  213 

of  the  States  hold  thfiir  elections  for  Governor  in  even 
numbered  years.  In  forty-one  of  the  States  the  Legis- 
latures hold  biennial  sessions.  That  is  to  sa}-,  they  are 
required  by  the  Constitution  to  meet  in  regular  session 
every  second  year.  Six  of  the  States  have  annual  legis- 
lative sessions,  among  them  New  York,  in  which  every 
movement  for  a  change  to  biennial  sessions  has  been 
successfully  resisted.  Alabama  has  the  distinction  of 
maintaining  a  Legislature  which  meets  in  regular  session 
one  year  in  every  four. 

It  should  be  noted  that  a  number  of  the  States  limit 
the  length  of  their  legislative  sessions.  This  amounts 
to  a  command  that  the  Legislature  shall  finish  its  busi- 
ness within  a  specified  period,  say,  sixty  days.  Only  in 
States  where  the  legislators  are  paid  by  the  day  does  this 
rule  apply,  the  condition  being  that  their  compensation 
shall  cease  after  the  time  limit  for  the  session  has  expired. 
The  pay  of  legislators  ranges,  in  the  several  States,  from 
$3  a  day,  the  rate  allowed  by  Kansas  and  Oregon,  to 
$10  a  day,  the  Nebraska,  Kentucky  and  Montana 
stipend.  Where  annual  salaries  are  allowed,  the  pay  is 
from  $200  per  year  or  per  session,  the  New  Hampshire 
salary,  to  $3,500,  granted  by  Illinois. 

In  the  States  where  the  regular  legislative  session 
occurs  every  two  years,  any  need  of  emergency  legisla- 
tion can  be  met  by  a  special  session  summoned  by  the 
Governor ;  but  except  in  cases  of  great  urgency,  the 
Governors  are  disinclined  to  call  the  Legislatures  together 
in  the  "off"  years  on  account  of  the  expense.  Familiar 
instances  of  departure  from  the  biennial  rule  were  seen 
in  1920  when  the  Governors  of  several  States  called  upon 
the  Legislatures  to  meet  in  special  sessions,  to  act  upon 
the  Nineteenth,  or  Woman  Suffrage,  amendment  to  the 
Constitution. 


214  New  Era  Civics 

7.  State  Constitutions. — Each  State  has  its  own  con- 
stitution, or  organic  law.  The  State  is  at  liberty  to  frame 
its  constitution  as  it  pleases,  provided  the  republican  form 
of  government  is  maintained  and  the  State  constitution 
includes  no  provision  which  conflicts  with  the  mandates 
of  the  Federal  Constitution. 

In  most  of  the  States  the  constitutions  are  frequently 
amended,  and  in  all  of  them  there  is  some  provision  for 
amendment  or  revision.  In  thirty-six  States  express 
constitutional  provision  is  made  for  the  assembling  of 
conventions  to  amend  the  constitution,  and  in  a  majority 
of  States  the  calling  of  such  a  convention  depends  upon 
a  preliminary  vote  of  the  people  to  that  effect.  In  New 
York,  for  example,  the  Legislature  is  empowered  to  order 
an  election  at  any  time  to  decide  whether  a  convention 
shall  be  called  to  revise  the  constitution.  If  the  vote  is 
an  affirmative  one,  the  people  choose  the  delegates  to 
the  convention  at  the  next  general  election  and  the  con- 
vention itself  meets  in  the  April  following.  The  new  or 
revised  constitution  framed  by  the  convention  is  next 
submitted  to  the  voters,  who  either  adopt  or  reject  it. 
This  rule  of  procedure  is  substantially  that  followed  in 
most  of  the  States. 

The  last  State  constitution  framed  in  New  York  was 
rejected  by  the  people.  This  case  was,  however,  excep- 
tional. It  is  stated  on  good  authority  that  fully  nine- 
tenths  of  the  general  revisions  of  constitutions  submitted 
to  the  people  for  approval  in  all  the  States  have  been 
accepted  by  a  majority  of  the  voters  expressing  a  choice. 
This  record  speaks  well  for  the  success  of  such  conven- 
tions in  answering  public  demands. 

Where  one  or  more  special  amendments  to  the  con- 
stitution are  proposed,  the  Legislature  is  usually  em- 
powered to  submit  them  directly  to  the  people.    In  twelve 


The  Government  of  the  States  215 

States  there  are  no  constitutional  provisions  in  force  for 
the  calHng  of  constitutional  conventions.  In  such  in- 
stances, the  Leg-ishiture  uses  its  discretion  in  starting-  the 
machinery  for  revisions  of  the  constitutions.  Only  in 
nineteen  States  is  it  required  by  the  constitution  itself 
that  a  general  constitutional  revision  must  be  submitted 
to  the  people.  In  the  majority  of  the  States,  the  action 
of  the  convention  is  final,  and  in  this  class  it  often  happens 
that  the  Legislature  expressly  orders  that  it  shall  not  be 
necessary  for  the  people  to  act  upon  the  revised  constitu- 
tion. The  disposition  of  the  States  to  alter  their  con- 
stitutions varies  greatly.  It  has  been  more  marked,  as 
a  rule,  in  the  Western  than  in  the  Eastern  States. 

STATE  JUSTICE  AND  PUBLIC  WELFARE 

8.  State  Courts  and  Judges. — The  importance  of  the 
judicial  branches  of  the  State  governments  can  be  appre- 
ciated vv^hen  one  reflects  that  by  far  the  most  of  the  civil 
actions  and  criminal  proceedings  brought  in  each  State 
are  of  necessity  tried  before  State  magistrates  and  under 
State  laws. 

The  judicial  business  transacted  before  the  Federal 
courts  is  small  in  the  mass  compared  with  that  which 
engages  the  attention  of  the  State  courts.  There  are 
many  villages  in  the  United  States  in  which  an  offense 
against  the  laws  of  the  United  States  is  never  or  rarely 
known  ;  but  all  villages  are  familiar  with  trials  for  various 
offenses  or  minor  suits  at  law  conducted  before  their  local 
courts.  Every  American  community  maintains  a  court 
of  some  description  to  deal  with  violations  of  local  or 
State  laws.  The  lowest  in  rank  of  the  United  States 
courts,  on  the  other  hand,  serve  large  districts.  For 
this  reason  the  administration  of  State  justice  is 
more  familiar  to  the  great  majority   of  American   citi- 


216 


New  Era  Civics 


zens  than  that  of  Federal  justice.  It  is  under  the  au- 
thority of  the  State  that  ordinary  breaches  of  the  law 
are  punished,  and  the  legal  complaints,  grievances  and 
claims  of  the  people  are  heard  and  settled  by  the  courts. 
In  every  State  the  judicial  system  ranges  from  humble 
neighborhood  courts  to  dignified  courts  of  last  resort, 
and  we  find  comparatively  little  difference  in  the  prin- 
ciples and  methods  of  the  State  judiciaries,  however  their 

titles  may  vary.  In  com- 
paring the  State  with  the 
Federal  courts  two  impor- 
tant distinctions  must, 
however,  be  emphasized. 
As  we  have  already  seen, 
all  of  the  regular  Federal 
judges,  from  the  Supreme 
Court  down  to  the  district 
benches,  are  appointed  by 
the  President  and  hold 
ofiice  for  life — that  is  to 
say,  during  good  behavior. 
In  the  great  majority  of  States,  however,  the  judges  are 
elected  by  the  people  and  for  limited  terms. 

As  a  rule  the  judges  are  chosen  in  the  States  for  much 
longer  terms  than  are  the  executive  and  legislative 
officers.  The  object  is  to  make  them  more  independent 
of  popular  influence  than  the  ordinary  public  servants, 
and  in  this  respect  the  Federal  principle  is  at  least  partly 
imitated  by  the  States.  In  a  few  of  the  States  the  judges 
are  elected  for  comparatively  short  terms,  but  the  general 
practice  lies  in  the  other  direction.  Only  in  six  States 
are  the  judges  of  the  highest  courts  appointed  by  the 
Governor,  and  only  in  four  are  they  chosen  by  the  Legis- 
lature ;  so  that  the  system  of  an  elective  judiciary  of  the 


Underwuud  iSi:   UiiderwuoU. 

A  Seat  of  State  Justice 

View   of   the    imposing   court    house   at 
Hackensack,   N.   J. 


The  Government  of  the  States 


217 


highest  rank  is  maintained  by  no  less  than  thirty-eight 
of  the  States.  In  the  length  of  judicial  service  the  varia- 
tion runs  from  the  extreme  of  a  hfe  term,  which  is 
favored  by  Massachusetts,  New  Jersey  and  Rhode  Island, 
down  to  the  two  years  term  of  Vermont.  In  the  great 
majority  of  States  the  terms  range  from  six  years  to 
twenty-one.  Generally  speaking,  leading  judges  of  the 
State  courts  are  better  compensated  than  the  ordinary 
civil  servants  of  the  highest  grade. 

9.  Administration  of  State  Justice. — The  standard 
judicial  system  in  the  States  calls  for  a  court  of  last  resort, 
variously  known  as  the  Court  of  Appeals,  the  Supreme 
Court  and  by  other  titles;  for  intermediate  appellate 
courts,  w^hose  judgment  is  final  in  many  cases  of  lesser 
magnitude ;  for  trial  courts,  representing  fairly  large  dis- 
tricts ;  for  city  and 
county  courts,  and 
finally  for  village 
or  town  courts, 
presided  over  by 
justices  of  the 
peace.  The  trial 
courts  mentioned 
here  transact  the 
bulk  of  the  impor- 
tant judicial  busi- 
ness of  each  State, 
and  their  juris- 
diction covers  the 
more  serious 
crimes,  including  murder,  and  civil  actions  involving  large 
sums.  Aside  from  these  general  classes,  the  States  main- 
tain probate  or  Surrogates'  courts  to  see  that  the  wills 
of  deceased  persons  are  properly  carried  out. 


liruun  liius. 

Where  a  State  Court  Sits 

The  Chamber  of  the  New  York  Court  of  Appeals 
at   Albany. 


218  New  Era  Civics 

The  decisions  of  the  highest  courts  of  each  State  in 
matters  of  grave  moment  are  nearly  always  final,  and 
they  can  be  appealed  from  to  the  United  States  Supreme 
Court  only  in  matters  involving  constitutional  principles 
and  the  relations  of  the  States  to  the  Federal  govern- 
ment. 

Aside  from  the  courts,  each  State  is  provided  with 
the  necessary  official  machinery  for  the  prosecution  of 
crime.  All  the  counties  have  their  prosecuting  attorneys, 
who  safeguard  the  interests  of  the  people  in  criminal 
cases  precisely  as  the  attorney  for  the  defense  takes 
care  of  the  interests  of  the  prisoner  at  the  bar.  There 
are,  moreover,  separate  local  officers  intrusted  with  such 
duties  as  the  summoning  of  juries  and  other  services 
incidental  to  administration  of  justice. 

In  all  criminal  proceedings,  the  first  reliance  of  the 
States  and  the  Federal  government  alike  is  the  Grand 
Jury.  It  is  this  body  that  indicts,  or  accuses.  The  pro- 
ceedings before  it  are  secret. 

In  each  State  the  Grand  Jury  is  subject  to  the  instruc- 
tions and  general  supervision  of  the  court,  but  the  official 
who  directs  its  inquiries  is  the  District  Attorney,  or  public 
prosecutor.  It  is  the  function  of  the  Grand  Jury  to  listen 
to  the  evidence  against  an  accused  person  and  to  deter- 
mine whether  it  is  sufficient  to  warrant  an  indictment. 
If  an  indictment  is  brought,  the  next  step  is  the  arrest 
of  the  accused  person  and  his  arraignment  before  the 
court.  If  he  pleads  guilty,  sentence  is  imposed  and  the 
case  ended.  If  not,  his  trial  follows  in  due  time  before  a 
judge  and  petit  jury.  The  whole  course  of  justice  at  the 
regular  trial  is  strikingly  different  from  that  which 
marked  the  Grand  Jury  formalities.  The  proceedings  are 
now  public ;  and  the  petit  jury,  unlike  the  Grand  Jury, 
hears  the  evidence  both  against  and  for  the  defendant. 


The  Government  of  the  States 


219 


On  a  State  Highway 

Mounted  State  policemen  halting  a 
motor  car.  These  men  do  duty  in  the 
rural  sections  of  New  York  State,  and 
they  daily  cover  many  miles  of  ground. 


10.  The  Defense  of 
the  State. — Every  State 
has  its  own  military  or- 
ganization, which  carries 
the  time-honored  title  of 
militia,  and  the  Governor 
is  its  commander-in-chief, 
though  it  is  equipped  with 
State  military  officers  ap- 
pointed by  him  and  sub- 
ject to  his  authority.  The 
mission  of  the  militia  is  to 
protect  the  State  and  its 
people  from  disturbances 

and  dangers  too  formidable  to  be  dealt  with  by  local 
police.  Usually  it  is  so  employed  by  order  of  the  Gov- 
ernor at  the  request  of  the  executives  of  cities  or  other 
local  authorities.  The  officers  of  the  militia,  as  well  as 
the  privates,  have  no  regular  official  pay. 

It   should  be  borne  in  mind   that  the  militia   is   not 

a  professional  body  of 
fighters,  but  only  a  citizen 
soldiery,  and  it  is  there- 
fore not  affected  by  the 
provision  of  the  Federal 
Constitution  that  no  State 
shall  maintain  a  standing 
army  without  the  consent 
of  Congress. 

In  addition  to  the 
militia,  a  few  of  the  States, 
notably  Pennsylvania  and 
New  York,  maintain 
State  police  organizations. 


C.   Tracy,  Wyoming.   Pa. 

State  Policemen  on  Wheels 

This   is   a   motorcycle    squad   from    the 

State    Constabulary     of     Pennsylvania, 

the    first    regular    organization    of    its 

kind. 


220         ■  New  Era  Civics 

Their  function  is  the  poHcing  of  the  State  and  the  pro- 
tection of  Hfe  and  property,  more  particularly  in  sparsely 
settled  sections  which  cannot  be  adequately  covered  by 
town  constables. 

11.  Diversity  of  State  Methods. — The  State,  like  the 
Federal  government,  has  its  important  departments  of 
public  service,  and  these  are  directed  by  official  chiefs 
or  commissions.  The  heads  of  these  departments  may 
be  either  elected  by  the  people  or  appointed  by  the  Gov- 
ernor, according  to  the  different  systems  of  State  govern- 
ment in  force. 

In  practically  every  State  there  is  a  Secretary  of 
State,  who  has  charge  of  what  may  be  called  its  docu- 
mentary work,  such  as  the  publication  of  new  laws,  the 
issuing  of  various  kinds  of  licenses,  the  certifying  of 
the  charters  of  corporate  and  other  associations,  the 
announcement  of  election  returns  and  the  like. 

The  custody  of  the  public  funds  is  confided  to  State 
treasurers,  and  the  accounting  of  expenditures  to  State 
auditors,  but  the  State  methods  in  vogue  in  these  branches 
of  the  service  greatly  vary. 

Each  State  has  a  legal  officer  or  Attorney  General 
whose  duty  it  is  to  defend  the  State  in  legal  actions 
wherein  it  is  the  defendant,  to  uphold  the  constitutionality 
of  laws  when  it  is  challenged  and  to  serve  as  prosecutor 
at  times  in  cases  of  State  import. 

The  public  works  and  engineering  operations  of  the 
States  are  all  in  charge  of  officers,  or  boards,  under  dif- 
ferent systems. 

12.  Caring  for  the  Public  Welfare. — These  various 
departments  control  the  business  proper  of  each  State, 
but  their  official  fields  are  far  from  measuring  the  extent 
and  variety  of  its  public  service.  While  the  cities  assume 
responsibility  for  the  public  health  and  for  the  dispensing 


The  Government  of  the  States  221 

of  charity  within  their  own  hmits,  it  is  essential  for  the 
State  to  maintain  systems  and  estabhshments  for  similar 
objects,  especially  to  meet  the  wants  of  rural  or  semi- 
rural  communities  which  lack  facilities  or  organizations 
for  the  purpose. 

For  example,  the  authority  of  the  State  is  necessary 
to  enforce  the  sanitary  codes  framed  to  conform  to  the 
latest  decrees  of  science.  The  health  interests  of  States 
are  confided  to  boards  or  single  executives.  Among  its 
State  charities,  each  State  necessarily  maintains  hospitals 
for  the  insane  and  these  are  generally  supplemented  by 
State  institutions  for  idiot  children.  The  prisons  and 
reformatories  are  included  among  the  establishments 
under  State  control,  and  here^the  systems  of  manage- 
ment are  far  from  uniform. 

The  license  systems  of  the  State  cover  not  only  per- 
mits for  corporations,  but  also  the  examination  of  candi- 
dates for  professional  service  (of  whom  physicians  and 
lawyers  are  the  most  familiar  types)  and  the  official 
approval  of  their  training  and  fitness.  The  followers 
of  other  occupations,  whose  work  is  related  to  the  health 
and  safety  of  citizens,  are  subjected  to  similar  official 
requirements  before  receiving  permission  to  enter  upon 
their  duties.  Licenses,  whether  issued  by  the  State  or 
by  the  city,  are  of  many  kinds.  In  every  case,  a  license 
is  a  written  or  printed  document  issued  by  the  proper 
official  or  officials,  giving  permission  to  the  holder  to 
conduct  some  business  or  perform  some  service. 

State  commissions  charged  with  the  supervision  of 
forestry,  fisheries,  mining  and  the  like  are  common  in  all 
the  States ;  while  others  are  vested  with  large  powers 
for  the  promotion  of  agriculture  and  the  inspection  of 
food.  The  organization  and  functions  of  many  State  com- 
missions are  determined  by  the  special  character  of  the 


222  New  Era  Civics 

natural    resources    and    chief    industries   of    the    several 
States,  which  vary  immensely  in  our  broad  domain. 

Question  Guide  to  Chapter  XIII 

1.  How  many  different  kinds  of  State  governments  are  there 
in  the  United  States?  Name  some  of  the  powers  withheld  by  the 
Federal  Constitution  from  the  States. 

2.  Where  is  the  power  lodged  regulating  the  right  to  vote? 
Why  is  this  an  important  power?  What  minor  divisions  of  govern- 
ment are  controlled  by  the  States?  How  is  the  revenue  of  States 
provided?  What  power  do  the  States  possess  most  vital  to  the 
people?     Name  some  of  the  other  State  functions. 

3.  While  the  State  systems  of  government  differ,  what  special 
feature  is  common  to  all?  Explain  the  range  of  membership  in  the 
various   State  Legislatures. 

4.  ^^'hat  is  the  basis  of  legislative  representation  in  the  States? 
Of  what  are  the  State  Senate  districts  usually  composed?  Name 
exceptions  to  this  rule.  Mention  one  of  the  difficulties  met  in  shap- 
ing the  districts. 

5.  How  is  the  Governor  of  each  State  elected?  Tell  somethmg 
of  his  authority. 

6.  How  do  the  terms  of  Governors  vary?  How  many  States 
favor  the  four-year  term?  How  many  State  Legislatures  are  re- 
quired to  meet  every  other  year?  How  do  the  legislative  sessions 
differ  in  the  States?  How  do  the  salaries  vary?  How  is  the  need 
of  emergency  legislation  met?     Cite  an  example. 

7.  What  must  be  kept  in  mind  by  all  States  when  framing  their 
constitutions  ?  What  common  provision  do  the  constitutions  con- 
tain? What  method  is  employed  in  many  States  in  revising  the 
constitution?     ^Mention  some  of  the  processes. 

8.  Tell  why  the  judicial  branches  of  the  State  governments  are 
of  great  importance.  What  is  the  volume  of  judicial  business  in 
the  States,  as  compared  with  the  Federal  government?  What  impor- 
tant distinction  must  be  noted  between  the  Federal  and  State 
judiciaries?  Why  are  judges  usually  chosen  for  longer  terms  than 
other  officers  of  the  State?  What  is  the  most  approved  method  of 
selecting  the  State  judges?    How  does  the  length  of  their  terms  vary? 

9.  What  does  the  standard  judicial  system  of  each  State  call 
for?  Which  court  handles  the  largest  judicial  business  of  the  States? 
What  crimes  are  within  its  scope?     For  what  are  probate  or  Sur- 


The  Government  of  the  States  223 

rogates'  courts  created?  When  can  the  decisions  of  the  highest 
State  courts  be  appealed  from?  What  county  officials  co-operate 
with  the  trial  courts?  In  what  famous  body  do  prosecutions  for 
crime  originate?  \\'hat  is  the  Grand  Jury's  function?  After  an 
indictment  is  brought,  what  are  the  next  steps  taken?  Before  what 
jury  are  criminals  tried? 

10.  \\  hat  military  organization  exists  in  every  State?  Who  is 
the  commander-in-chief  of  the  militia?  What  other  protective  bodies 
do  some  of  the  States  maintain? 

11.  Name  some  of  the  business  departments  of  the  States,  elec- 
tive or  appointive. 

12.  \\  hat  are  some  of  the  public  institutions  conducted  in  the 
various  States?  For  what  activities  or  services  are  the  States  accus- 
tomed to  issue  licenses  or  certificates?  Suggest  the  objects  and 
functions  of  some  of  the  State  commissions. 

Test  Questions  and  Hints 

1.  Who  is  the  Governor  of  3'our  State?  How  long  is  the  term 
of  office  for  which  he  is  elected?     What  is  his  salary? 

2.  How  often  does  your  State  Legislature  assemble  in  regular 
session?  Is  the  length  of  its  session  limited  by  law?  How  many 
members  has  the  upper  branch,  or  Senate,  of  3^our  Legislature?  How 
many  has  the  lower  branch  ?  How  often  are  the  members  of  each 
body  elected?  Are  they  paid  by  the  day,  by  the  session  or  by  the 
year?     \\hat  is  the  pay  of  the  members  of  each  branch? 

3.  What  other  State  officers  besides  the  Governor  are  chosen 
by  all  the  voters  in  your  State  elections? 

4.  Is  the  pardoning  power  in  your  State  exercised  by  the 
Governor  or  by  a  pardoning  board  or  commission? 

5.  Ascertain  what  provision  is  made  in  your  State  constitution 
for  its  amendment  or  general  revision. 

6.  What  is  your  highest  State  court  called?  How  many  judges 
are  members  of  it?  What  is  the  length  of  their  terms  and  how  are 
they  chosen?  What  are  the  principal  trial  judges  in  your  neigh- 
borhood called — the  judges  who  try  important  crimes  or  civil  actions? 

7.  Xame  some  of  3-our  most  important  State  institutions,  such 
as  State  prisons  and  hospitals  for  the  insane.  Are  they  in  charge 
of  commissions  or  of  single  executives? 

8.  Is  there  a  commission  or  other  ofificial  agency  in  your  State 
for  legulating  public  service  corporations  or  for  fixing  their  rates? 


CHAPTER  XIV  . 

STATE    REFORMS   AND    PROBLEMS 

Popular  government  is  organised  self-control. — Elihu 
Root. 

1.  Changing  Old  Methods. — In  the  late  nineties  there 
was  much  public  discontent  with  old  party  methods,  and 
it  produced  interesting  results,  particularly  in  the  West 
and  Southwest.  Among  the  most  notable  of  these  results 
was  the  gradual  adoption  in  the  States  of  the  system  now 
known  as  "direct  primary  nominations"  for  office. 

The  old  method  of  naming  candidates  was  through 
the  agency  of  conventions.  The  most  common  plans  for 
electing  delegates  to  these  conventions  in  the  State  at 
large  and  in  its  districts,  counties  or  cities  were  so  de- 
signed that  party  voters  had  comparatively  little  to  do 
with  them.  The  State  itself  exercised  only  a  loose  con- 
trol over  them,  and  as  a  result  many  of  the  conven- 
tions passed  under  the  control  of  party  bosses.  At  the 
time  referred  to  a  revolt  began,  and  steadily  grew,  against 
the  powerful  influence  of  the  bosses  in  the  several  States. 
It  was  finally  successful,  in  nearly  the  entire  country,  to 
the  extent  that  the  convention  system  of  nominations 
was  largely  abandoned,  and  the  voters  assumed  for  them- 
selves the  duty  of  naming  candidates  for  office  at  primary 
elections. 

This  movement  was  not  aimed  at  the  national  con- 
ventions, for  two  reasons.     One  was  that  the   national 

224 


State  Reforms  and  Problems  225 

convention  was  considered  a  body  too  numerous  and 
too  broadly  representative  to  be  subject  to  anything  like 
arbitrary  control  by  a  single  man  or  small  group  of  men. 
The  other  was  that  no  working  substitute  could  be 
devised  for  a  convention  representing  a  great  federation 
of  States.  At  all  events,  there  has  never  been  a  serious 
agitation  for  the  abolition  of  the  national  convention, 
as  a  fair,  representative  and  time-honored  agency  of 
choosing  national  candidates  to  be  voted  for  through 
the  Presidential  Electors  in  all  the  States. 

2.  How  the  Old  Plan  Worked. — The  primary  sys- 
tem, as  it  is  known  in  all  the  States  today,  is  new  only 
in  the  sense  that  it  is  direct.  When  the  old  nominating 
conventions  were  in  fashion,  the  delegates,  at  least  to 
the  minor  conventions,  had  to  be  chosen  by  the  voters 
at  primary  elections.  But  these  elections  were  ill  regu- 
lated and  to  the  comparatively  few  who  attended  them 
they  meant  little  or  nothing,  as  a  rule.  There  were 
dififerent  conventions  for  the  nomination  of  Mayors  and 
other  city  officers,  of  county  officers,  of  candidates  for 
the  Legislature,  for  Congress  and  for  the  bench ;  and 
there  were  also  larger  conventions  for  the  nomina- 
tion of  State  officers.  In  many  States  the  convention 
systems  consisted  of  wheels  within  wheels ;  and  minor 
conventions  chose  the  delegates  to  State  conventions 
and  also  to  Congress  and  judicial  conventions,  where 
several  counties  were  represented  in  the  nominating 
bodies. 

At  the  loosely  controlled  primaries  of  those  days  the 
voter  could  not  see  very  far  ahead  when  he  was  called 
upon  to  assist  in  electing  delegates  to  the  minor  conven- 
tions. His  work  was  done  when  he  voted  his  delegate 
ticket;  and  from  that  stage  onward  the  machinery  of 
naming  candidates   for   public   office  was   in   the   hands 


226  New  Era  Civics 

of  the  party  organizations,  or,  in  most  cases,  of  the  bosses 
who  controlled  them.  The  natural  consequence  was  that 
the  party  tickets,  or  lists  of  nominations  for  office,  were 
made  up  by  individual  politicians  or  inner  circles  of 
politicians.  In  the  great  majority  of  cases  there  was 
little  or  no  pretense  of  consulting  party  sentiment  when 
these  tasks  were  performed.  In  the  case  of  State  con- 
ventions, and  especially  in  the  nomination  of  candidates 
for  the  governorship,  the  party  bosses  or  leaders  very 
often  exercised  an  autocratic  powder. 

3.  The  Anti-Boss  Revolt. — In  the  ten  years  follow- 
ing 1895  there  were  signs  of  a  radical  change.  In  some 
of  the  States,  chiefly  in  the  West,  laws  were  passed  for 
the  direct  nomination  of  local  candidates  at  party  pri- 
maries. But  this  was  only  the  beginning  of  a  reform 
that  spread  through  the  States.  The  next  step  was  the 
abolition  of  the  State  convention,  as  a  blow  at  the  power 
of  the  bosses.  Wisconsin  and  Oregon  took  the  lead  in 
establishing  this  reform  on  a  large  scale.  In  1903-4 
these  States  adopted  laws  for  State-wide  direct  pri- 
maries— that  is,  for  primaries  at  which  all  the  candidates 
for  office  from  Governor  down  to  the  most  insignificant 
local  offices  were  to  be  nominated  directly  by  the  people, 
on  some  date  before  the  regular  election  day.  The 
Oregon  act  contained  a  declaration  setting  forth  that 
"the  method  of  naming  candidates  for  elective  offices  by 
political  parties  and  voluntary  political  organizations  is 
the  best  plan  yet  found  for  placing  before  the  people  the 
names  of  qualified  and  willing  citizens  from  whom  the 
electors  may  choose  the  officers  of  our  government." 
This  statute  not  only  introduced  direct  primaries  for 
nominations  for  office,  but  provided  for  their  strict  regu- 
lation under  State  supervision.  The  direct  primary  was 
simply  an  application  of  the  old  method  of  election  by 


State  Reforms  and  Problems  227 

ballot  to  the  nomination  of  party  candidates  to  be  voted 
for  on  election  day. 

4.  The  Reform  Spreads. — In  1907-8  Wisconsin  and 
Oregon  were  followed  in  the  same  direction  by  several 
other  States.  Oklahoma  took  a  step  in  advance  of 
all  of  them  by  coming  into  the  Union  in  1907  with  a 
State  constitution  making  it  obligatory  for  the  Legisla- 
ture to  establish  a  system  of  State-controlled  direct  pri- 
maries. Finally  the  system  obtained  a  foothold  in  nearly 
all  the  States,  with  the  result  that  the  nominating  con- 
vention almost  entirely  disappeared  as  an  American  in- 
stitution within  State  boundaries. 

In  relation  to  the  direct  primary  reform,  it  should  be 
observed  that  in  the  one-sided  States,  the  States  in  which 
one  party  enjoys  an  ascendancy  rarely  if  ever  disturbed, 
the  party  primaries  are  often  more  actively  contested 
and  excite  more  interest  than  the  regular  elections.  This 
is  particularly  true  in  the  sure  Democratic  States  of  the 
South,  where  nominations  for  Governor,  Senator  and 
other  high  officers  at  the  primaries  are  usually  equivalent 
to  election.  Some  of  the  States  have  retained  a  sort  of 
compromise  convention  for  recommending  (not  nominat- 
ing) candidates.  New  York  was  one  of  these  States. 
But  in  New  York  a  law  was  passed  in  1921  restoring  the 
nominating  convention  for  State  and  certain  judicial 
officers. 

5.  Safeguarding  the  Primaries. — In  holding  primaries 
it  is  deemed  necessary  in  most  cases  to  provide  some 
guaranty  that  the  voters  are  what  they  profess  to  be, 
members  of  the  party  holding  the  primary.  In  most 
States  it  is  considered  unreasonable  and  unwise  to  permit 
opposition  voters  to  have  anything  to  do  with  the  primary 
nominations  of  a  given  party.  To  meet  this  difficulty 
voters  are  usually  required  to  attach  themselves  to  their 


228  New  Era  Civics 

party  by  enrollment.  It  follows  in  such  instances  that 
if  a  man  is  unwilling  to  enroll  with  some  party  he  must 
forfeit  the  right  to  vote  at  the  primaries. 

6.  Effects  of  the  New  System. — As  stated,  the  chief 
object  of  the  direct  primaries  was  to  diminish  the  power 
of  the  bosses  by  abolishing  the  nominating  convention. 
The  theory  was  that  it  would  be  much  more  difficult 
for  the  boss  to  influence  the  action  of  the  masses  of  a 
party  at  the  primaries  than  it  had  been  for  him  to  con- 
trol the  comparatively  small  convention.  But  while 
the  nominating  convention  has  gone,  party  bosses  sur- 
vive in  most  States,  though  one  source  of  their  power  has 
been  taken  away.  Not  a  few  observers  insist  that  the 
party  committees,  and  therefore  the  bosses,  now  influence 
primary  decisions  as  much  as  they  formerly  influenced 
the  actions  of  conventions. 

However  that  may  be,  there  is  at  least  this  difference : 
that  the  voters  render  their  decisions  on  primary  day 
with  the  names  of  all  the  candidates  before  them,  and 
that  they  have  the  opportunity  to  reject  unworthy  or 
unacceptable  candidates  recommended  by  the  committee 
or  boss,  and  to  favor  more  deserving  candidates.  As  it 
was  under  the  old  regime,  the  nominations  were  often  kept 
dark  until  the  conventions  had  made  their  choice,  and 
the  dissatisfied  party  voter  had  no  remedy  except  a  vote 
on  election  day  against  the  candidate  or  candidates  whom 
he  found  distasteful.  In  a  number  of  States,  moreover, 
nominations  for  office  can  be  made  by  petition  after  the 
primaries,  and  this  system  opens  up  an  additional  oppor- 
tunity to  discontented  voters. 

7.  Suggested  Drawbacks. — Opposition  is  often  ex- 
pressed to  the  new  method  of  nominating  candidates. 
It  is  charged  that  it  gives  an  advantage  to  the  wealthy 
candidate  for  State  office,  owing  to  the  heavy  expense 


State  Reforms  and  Problems  229 

of  a  primary  canvass;  that  under  the  convention  system 
the  deserving  candidate  with  Hmited  means  had  a  better 
chance.  It  is  also  pointed  out  that  where  several  can- 
didates enter  the  race  for  the  same  office  in  a  party  pri- 
mary it  happens  frequently  that  the  leading  candidate, 
chosen  by  a  plurality  vote,  is  far  from  popular  with  an 
actual  majority  of  the  party.  But  in  spite  of  these  and 
other  objections,  the  direct-primary  reform  has  made 
wonderful  headway  in  the  States. 

8.  The  Initiative  and  Referendum. — In  about  one- 
quarter  of  the  States,  largely  confined  to  the  West,  the 
direct  primary  reform  has  been  supplemented  by  another 
system  calling  for  a  more  active  participation  of  the 
people  in  public  affairs.  It  is  known  as  the  initiative 
and  referendum.  It  is  a  plan  whereby  the  voters  may 
be  permitted  to  take  part  in  legislation. 

The  initiative  consists  of  a  movement  by  a  certain 
number  of  voters,  who  sign  their  names  to  petitions,  to 
submit  to  the  State  Legislature  certain  questions  for 
action.  In  these  cases  the  petitioners  ask  that  a  law 
or  several  laws  named  by  them  shall  be  passed  by  the 
Legislature.  The  number  of  petitioners  required  varies, 
but  it  is  never  more  than  a  comparatively  small  fraction 
of  the  entire  vote. 

The  referendum  is  a  process  for  submitting  laws 
passed  by  a  State  Legislature  for  approval  or  rejection 
by  the  voters,  as  the  case  may  be.  In  principle  the 
referendum  is  not  new,  for  this  mode  of  putting  State 
constitutions  in  force  has  been  long  in  operation.  It  is 
new,  or  comparatively  so,  only  as  applied  to  obtain  popu- 
lar judgment  on  ordinary  laws.  It  has  long  been  the 
occasional  practice  of  States  to  submit  to  the  people 
questions  of  unusual  importance,  and  the  referendum  is 
only  a  form  of  this  custom,  extended  to  include  minor 


230  New  Era  Civics 

subjects.  Judging  by  the  vote  generally  cast  in  such 
referenclums,  it  cannot  be  said  that  the  voters  take  a 
deep  interest,  as  a  rule,  in  the  questions  thus  proposed. 

9.  The  Recall. — The  recall  is  a  political  device  for 
enabling  voters  to  pass  judgment  on  the  records  of  elec- 
tive officers  before  their  terms  of  service  have  expired. 
The  idea  underlying  it  is  that  voters  should  have  the 
power  to  retire  executive  or  legislative  officials  from 
office  whenever  they  lose  confidence  in  them.  Relatively 
few  States  have  put  this  system  in  force.  Under  its 
operation,  a  certain  number  of  voters  in  a  State  or 
lesser  community  may  decide  that  an  official  is  unworthy 
or  incompetent  and  may  sign  a  petition  and  protest  to 
that  effect.  He  must  then  resign  his  office  or  submit  his 
cause  to  the  voters  at  an  election,  as  against  one  or  more 
opponents,  precisely  as  if  he  were  a  candidate  for  office 
for  the  first  time.  The  election  of  course  decides  whether 
he  shall  remain  in  office  or  retire.  This  right  of  recall 
is  rarely  used  in  the  States  in  which  it  is  authorized 
by  law. 

10.  Curbing  Corporations  and  Monopolies. — The 
crusade  in  the  States  to  curb  the  power  of  the  bosses 
coincided  with  a  lively,  widespread  uprising  against  the 
trusts  and  other  corporations.  It  had  become  formidable 
when  Theodore  Roosevelt  succeeded  to  the  Presidency 
in  1901,  and  it  was  stimulated  by  his  own  anti-trust  policy 
and  activities  in  the  Federal  sphere.  His  example  was 
followed  by  leading  reformers  in  the  States.  The  story  is  a 
long  one,  and  it  is  enough  to  say  that  the  practical  result 
is  a  stricter  regulation,  in  virtually  all  the  States,  of  cor- 
porations chartered  to  perform  various  kinds  of  public 
service  within  their  boundaries,  such  as  transportation, 
lighting,  the  supply  of  electric  power  and  telegraphic  and 
telephonic  communication. 


State  Reforms  and  Problems 


231 


In  many  of  the  States  this  newly  asserted  power  in- 
cludes a  control  of  the  rates  charged  for  corporation 
service,  through  the  agency  of  commissions  especially 
created  for  that  purpose. 

STATE  PROBLEMS 

11.  Workingmen's  Compensation  Systems. — The  in- 
terests of  agriculture  and  of  labor  are  well  protected  by 
the  States.  Their  promotion  of  agriculture  usually  takes 
the  shape  of  schools  for  scientific  farming  and,  in  most 


i^^ 

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SlfflffiM 

«^S  4-^ 

g^m^n|H| 

vH^U^^^Hn 

S^K,'^ 

I^hes^B 

^Bfillfill^Km^B 

r-^ — '••JibH^BI^^ 

BBj^^fc.,^-- ■■*l^MHil^  ~  jfi^isF -^-r^'g^»'|y- 

^^MML«t^8ffM^'[^ 

^■Hi^^^^i£i**4ii^j54!ffiK-?'?-^*^^^S^S^^^^ 

tt!^  jK'af^K^ffiE^uE^nlGft^^SBM^H^H^^lHH 

Brown  Bros. 

Factory  Fire  Drill 

An  evidence  of  State  interest  in  the  safety  of  factory  operatives.  In  many 
States   the   laws    for  protecting  industrial   workers   from   fire   and  disease   are 

very  strict. 

of  the  large  food-producing  States,  of  State  expositions. 
The  war  and  its  food  necessities  gave  a  fresh  impetus 
to  State  patronage  of  agriculture. 

With  regard  to  labor.  State  progress  has  been  most 
evident  in  the  passage  of  acts  insuring  compensation  to 
injured  workmen  engaged  in  hazardous  employments, 
and  to  their  families  in  the  case  of  fatal  accidents.     At 

16 


232 


New  Era  Civics 


the  beginning  of  1921,  all  but  a  few  States  maintained 
systems  for  workingmen's  compensation,  as  it  is  called. 
A  common  feature  of  these  systems  is  that  they  require 
employers  to  take  out  insurance  to  cover  compensation 
to  their  workmen  for  injuries,  medical  attendance  and 
death  benefits. 

The  relations  of  capital  and  labor  are  further  recog- 
nized in  most  of  the  States  by  the  maintenance  of  arbi- 


A  Factory  Interior 

This  illustration,  furnished  by  the  New  York  Department  of  Labor,  Bureau 
of  Industrial  Hygiene,  shows  an  unobstructed  wide  aisle  leading  to  an  exit. 
Note  clean  condition  of  floor,  installed  sprinkler  system,  artificial  lights, 
protected  to  prevent  glare.  The  walls  and  ceilings  are  painted  white 
and  thus  constitute  a   good  reflective   surface  affording  uniform  illumination 

throughout   the   shop. 


tration  commissions  of  one  kind  or  another  to  settle 
industrial  disputes  and,   if  possible,   to  prevent  strikes. 

Great  progress  has  been  made  in  recent  years  in  the 
State  systems  of  factory  protection  against  fire  and  other 
dangers  to  which  workers  may  be  exposed. 

The  interest  of  the  States  in  the  industrial  classes  has 
taken  another  benevolent  turn  in  their  codes  of  laws 
relating  to  child  labor  and  the  labor  of  women.     In  the 


State  Reforms  and  Problems  233 

case  of  children  the  best  of  these  laws  have  provided 
stringent  safeguards  against  the  employment  of  children 
below  a  certain  age  or  under  conditions  unfavorable  to 
health  and  growth.  Indeed,  it  may  be  said  that  the 
current  of  public  opinion  in  the  States  has  been  running 
strongly  in  favor  of  more  carefully  regulated  systems  of 
child  labor.  The  same  philanthropic  impulse  is  seen 
in  the  multiplication  of  laws  reducing  the  hours  of  labor 
for  women.  Some  of  the  States  have  gone  a  step  further 
and  enacted  minimum-wage  laws  for  women,  or  laws 
prescribing  rates  of  wages  below  which  employers  can- 
not legally  go  in  fixing  the  compensation  of  women 
workers. 

12.  Civil  Service  in  the  States. — The  reform  of  the 
Civil  Service  by  the  introduction  of  the  merit  system 
has  not  made  as  rapid  headway  in  the  States  as  under 
the  Federal  government.  The  first  elaborate  National 
Civil  Service  law,  known  as  the  Pendleton  act,  was  passed 
in  1883.  A  few  months  afterwards  the  Legislature  of 
New  York  adopted  a  State  Civil  Service  law  and  among 
its  most  zealous  supporters  were  Governor  Cleveland 
and  Theodore  Roosevelt,  who  was  then  serving  in  the 
New  York  Assembly.  In  the  following  year,  1884,  Massa- 
chusetts placed  a  Civil  Service  law  on  her  statute  books, 
but  more  than  twenty  years  elapsed  before  any  other 
State  followed  suit.  Wisconsin  adopted  such  a  law  in 
1905,  Colorado  in  1907,  New  Jersey  in  1908,  Connecticut 
in  1911,  Ohio  and  California  in  1912,  and  Kansas  in  1915. 
Other  States  have  been  gradually  added  to  the  list.  What 
is  more,  the  reform  has  been  introduced  into  many 
cities  by  special  laws,  forming  parts  of  their  municipal 
charters. 

13.  Prison  Reform. — Virtually  all  the  States  have 
made  gratifying  progress,  especially  since  the  beginning 


234  New  Era  Civics 

of  the  twentieth  century  in  dealing  with  persons  im- 
prisoned for  crime.  The  general  tendency  in  this  respect 
has  been  to  treat  the  convict  in  such  a  way  as  to  en- 
courage him  to  lead  a  better  life  after  his  release  from 
confinement.  It  has  been  felt  by  leading  prison  reformers 
that  the  main  object  of  imprisonment,  which  is  to  punish 
wrong-doers  and  to  warn  others,  can  be  accomplished 
without  degrading  them  unnecessarily  and  thus  robbing 
them  of  their  remaining  self-respect  and  perhaps  stifling 
their  inclination  to  reform.  With  this  wise  theory  in 
mind,  progressive  States  have  changed  their  prison  sys- 
tems by  doing  away  with  the  old  striped  uniform  for 
convicts,  by  making  their  surroundings  more  sanitary 
and  livable,  by  permitting  them  to  form  "prison  welfare" 
associations  with  officers  chosen  by  themselves,  and  by 
holding  these  associations  responsible  for  the  enforce- 
ment of  the  prison  rules.  Under  this  new  and  better 
plan,  the  general  aim  is  to  put  the  inmates  "on  their 
honor"  and  to  quicken  whatever  desire  they  may  have 
for  moral  and  mental  improvement. 

As  a  further  influence  to  the  same  end,  the  courts  in 
a  number  of  the  States  now  give  indeterminate  sen- 
tences, as  they  are  called,  to  persons  convicted  for  the 
first  time.  Such  a  sentence  is  for  a  varying  term,  as, 
for  example,  for  from  two  to  five  years.  If  the  prisoner 
is  well  behaved,  in  such  cases,  he  is  released  on  parole 
when  the  minimum,  or  lesser,  period  of  two  years  has 
expired.  That  ends  his  punishment  if  he  leads  a  decent 
life.  But  if  he  breaks  his  parole  by  any  lawless  act  he 
is  returned  to  prison,  where  he  must  serve  out  the  max- 
imum, or  longer,  sentence. 

The  more  advanced  States  have  also  made  good  head- 
way in  separating,  by  confining  in  different  institutions, 
offenders  of  different  types.    In  pursuance  of  this  policy. 


State  Reforms  and  Problems  235 

every  State  has  its  reformatories  for  youthful  law- 
breakers of  both  sexes.  In  such  cases  the  main  object 
of  confinement  is  to  remove  the  inmates  from  evil  in- 
fluences and  associations  in  their  home  localities,  with- 
out exposing  them  to  contact  with  hardened  convicts. 

For  less  guilty  offenders  of  this  youthful  class  juvenile 
courts  and  systems  of  probation  are  established  in  the 
cities  by  State  laws.  By  this  means  many  wayward 
boys  and  girls  are  saved  from  moral  danger.  The  culprits 
are  brought  before  judges  who  are  experienced  in  this 
class  of  cases.  If  the}'  are  guilty  of  some  serious  offense 
they  are  taken  under  the  protection  of  the  court  and 
released  on  probation.  Under  this  system  they  are 
obliged  to  report  from  time  to  time  to  the  judge,  and 
they  are  also  kept  under  observation  by  probation  officers 
whose  duty  it  is  to  see  that  their  conduct  is  in  line  with 
their  good  promises.  Many  of  these  children  are  only 
truants  from  school.  In  all  such  cases  the  probation 
officers  take  particular  pains  to  encourage  the  children 
to  attend  school  faithfully.  Where  the  children  are  above 
school  age  efforts  are  made  to  find  employment  for  them. 
The  whole  object  of  the  juvenile  courts  and  probation 
system  is  to  correct  erring  boys  and  girls  and  direct  them 
in  the  right  path. 

14.  State  Taxation. — In  American  cities  the  prin- 
ciple source  of  revenue  for  public  purposes  is  taxation 
on  real  estate — on  all  buildings  and  on  vacant  grounds. 
Many  of  the  States  also  derive  a  part  of  their  revenue 
from  real  estate  taxation.  But  the  States  chiefly  rely 
upon  what  are  known  as  indirect  taxes,  because  they  are 
not  levied  directly  or  generally.  These  taxes  are  rather 
made  to  fall  upon  special  classes  or  interests.  Good 
examples  of  them  are  taxes  on  corporations,  on  railroad 
and  street  railway  franchises,  on  the   sale  of  securities 


236 


New  Era  Civics 


like  shares  of  stock,  and  on  the  estates  of  deceased  per- 
sons. This  last  named  tax,  or  tax  upon  inheritances,  is 
so  levied  that  small  estates  left  to  widows  and  children 
pay  little  or  nothing  to  the  State.     In  the  case  of  larger 

inheritances  the  tax  rate  is 
increased  by  many  States 
according  to  the  size  of 
the  inheritance,  and  such 
relatives  as  cousins  or 
nephews,  who  may  receive 
bequests,  have  to  pay  a 
larger  tax,  in  proportion, 
than  direct  heirs. 

Since  the  World  War, 
which  imposed  fresh  bur- 
dens upon  all  the  States, 
as  well  as  upon  the  Fed- 
eral government,  the  prob- 
lem of  State  taxation  has 
increased  in  gravity.  In 
about  the  same  period  a 
number  of  the  States  have 
been  obliged  to  find  new 
sources  of  revenue  to 
make  up  for  their  loss  of 
income  through  the  abolition  of  the  liquor  traffic  by  the 
Eighteenth  amendment  to  the  Federal  Constitution.  In 
such  States  the  traffic  was  formerly  licensed  under  excise 
systems,  which  yielded  considerable  revenue.  Various 
substitutes  for  the  excise  tax  have  now  been  provided, 
and  one  of  the  most  common  is  a  State  tax  on  personal 
incomes  similar  to  that  levied  by  the  United  States  gov- 
ernment, but  calling  for  a  smaller  tax  rate.  In  some 
States,  therefore,  the  residents  pay  two  income  taxes. 


The  Center  of  Population 

By  the  Federal  Census  of  1920  it  was 
shown  that  the  center  of  population 
of  the  United  States  is  located  on  a 
farm  eight  miles  west  of  Whitehall, 
Indiana. 


State  Reforms  and  Problems  237 

Question  Guide  to  Chapter  XiV 

1.  Tell  something  about  the  origin  of  the  movement  for  "direct 
primary  nominations." 

2.  What  kind  of  primaries  was  in  force  in  the  old  convention 
days?  Did  the  voters  exercise  much  power  at  that  time?  What 
class  of  delegates  to  conventions  were  they  allowed  to  select?  Who 
controlled  the  machinery  of  the  more  important  conventions?  Were 
the  bosses  accustomed  to  consult  party  sentiment?  What  was  the 
authority  of  the  boss,  as  a  rule,  over  State  conventions? 

3.  How  did  the  people  first  attempt  to  lessen  the  power  of  the 
bosses?  A\'hat  were  the  first  States  to  adopt  the  direct  primary  for 
State  nominations?  What  was  the  State-wide  direct  primary  as 
indicated  by  the  Wisconsin  and  Oregon  systems? 

4.  Describe  the  progress  of  the  reform.  In  what  class  of 
States  does  the  primary  excite  more  interest  than  the  general  elec- 
tion? In  what  modified  form  does  a  species  of  State  convention 
still   survive? 

5.  How  were  the  primaries  safeguarded  under  the  new  system? 
W'hy  were  such  precautions  considered  necessary? 

6.  How  would  you  describe  the  chief  object  of  the  direct 
primary  reform?  Did  it  succeed  in  eliminating  the  party  boss? 
If  not,  in  what  respect  did  the  party  voters  gain  an  advantage  from 
it?  What  opportunity  is  open  to  voters  in  many  States  if  they  are 
dissatisfied  with  party  nominations? 

7.  Name  some  of  the  objections  that  have  been  offered  to  the 
direct  primary.  Have  these  weakened  the  reform  in  the  public 
favor  ? 

8.  What  is  the  initiative?  In  about  how  many  States  is  it 
in  force?  How  is  it  generally  put  in  operation?  What  is  the  nature 
of  the  referendum?  Is  the  principle  back  of  it  a  new  one?  If  not, 
in  what  respect  may  it  be  called  a  novelty?  Is  the  popular  interest 
in  legislative  referendums  usually  very  marked? 

9.  What  is  the  recall?  Does  it  prevail  in  many  States?  What 
is  the  process  generally  followed  in  requiring  officials  to  submit  to 
the  recall?    Is  the  right  of  recall  frequently  exercised  by  the  voters? 

10.  What  other  movement  occurred  at  about  the  time  the  direct 
primary  reform  for  curbing  the  power  of  the  bosses  engaged  the 
public  attention?  Who  became  a  conspicuous  leader  of  it  in  the 
national  field?  What  practical  fruit  did  it  bear  in  State  legislation? 
What  effect  has  the  new  system  on  rate  regulation? 


238  New  Era  Civics 

11.  By  what  system  have  nearly  all  the  States  protected  the 
interests  of  labor?  What  is  the  purpose  of  the  various  Working- 
men's  Compensation  acts?  What  official  provision  for  adjusting 
labor  disputes  is  in  force  in  many  States? 

12.  What  was  the  first  State  to  adopt  Civil  Service  Reform? 
To  what  extent  has  it  been  established  in  the  States  and  cities? 

13.  What  change  has  taken  place  in  the  States  regarding  prison 
methods  and  management?  How  has  the  effect  of  it  been  seen  in 
the  treatment  of  convicts?  How  does  the  indeterminate  sentence 
work?  Tell  something  about  State  reformatories,  juvenile  courts 
and  the  probation  system. 

14.  Upon  what  kind  of  taxation  do  the  States  generally  rely 
for  their  revenue?  Give  examples  of  indirect  taxation.  How  are 
inheritance  taxes  usually  levied?  What  source  of  revenue  has  been 
lost  to  a  number  of  States,  and  what  new  tax  have  some  of  the 
States  adopted  in  its  place? 


Test  Questions  and  Hints 

1.  Are  all  the  elective  officers  of  your  State,  or  a  part  of  them,    - 
nominated  by  direct  primaries? 

2.  If  the  nominating  convention  still  exists  in  your  State,  what 
candidates   are  named  by  this   system? 

3.  Are  the  initiative  and  referendum  employed  in  j'our  State? 

4.  Do  the  laws  of  your  State  provide  for  the  recall  of  public 
officers  by  means  of  petitions  demanding  a  new  election? 


CHAPTER  XV 

VOTING   QUALIFICATIONS   AND   METHODS 

The  freeman  casting  zvith  unpurchased  hand 
The  vote  that  shakes  the  turrets  of  the  land. 

— Oliver  Wendell  Holmes. 

^-  1.  Early  Voting  Restrictions. — The  voting  privilege 
is  as  old  as  the  Republic  itself,  but  the  system  of  man- 
hood and  womanhood  suffrage  as  it  now  exists  is  the 
result  of  many  changes  and  improvements  and  presents 
a  striking  contrast  with  the  original  voting  qualifications 
and  methods.  The  word  "democracy"  means  "govern- 
ment by  the  people,"  but  the  American  democracy  of 
the  time  of  Washington  and  Jefferson,  so  far  as  voting 
rights  were  concerned,  was  very  far  from  a  government 
by  the  people,  as  we  understand  the  phrase  today. 

The  framers  of  the  Federal  Constitution  imposed 
various  restraints  upon  the  exercise  of  the  power  of  the 
people  through  the  ballot  in  the  national  field.  The  new 
Constitution  provided  that  only  one  class  of  Federal 
officers,  the  members  of  the  House  of  Representatives, 
should  be  chosen  directly  at  the  polls;  and  that  the 
President  and  Senators  in  Congress  should  be  chosen 
indirectly — ^the  President  by  the  Electoral  College  and 
the  Senators  by  the  State  Legislatures.  At  the  time  the 
Constitution  was  adopted  the  voting  element  of  the  popu- 
lation was  relatively  small  in  numbers — a  sort  of  privi- 
leged class.    The  Constitution  makers  left  it  to  the  States 

239 


240  New  Era  Civics 

to  decide  what  the  qualifications  of  their  voters  should 
be.  The  States  could  bestow  the  right  to  vote  upon 
whom  they  pleased.  The  framers  of  the  Constitution 
tnerefore  considered  it  wise  to  interpose  some  check  upon 
the  voting  power  of  the  people  in  the  choice  of  President 
and  Senators,  while  leaving  them  free  to  select  directly 
their  representatives  in  what  has  generally  been  regarded 
as  the  popular  branch  of  Congress. 

\^  2.  Property-Holding  the  First  Test. — Up  to  a  period 
following  the  Civil  War  the  States  had  absolute  power 
to  decide,  each  for  itself,  what  classes  of  their  people 
should  have  the  right  to  vote.  The  policies  of  the  original 
thirteen  States  in  that  respect  were  cautious  and  con- 
servative. In  none  of  them  did  manhood  suffrage — the 
right  of  every  male  citizen  who  had  attained  his  majority 
to  cast  a  ballot — exist.  The  almost  universal  rule  was 
to  insist  upon  a  property  qualification  for  voters.  That 
is,  no  citizen  could  vote  who  did  not  pay  taxes  on  a  cer- 
tain amount  of  property.  The  requirement  does  not 
seem  very  tyrannical  for  that  distant  time.  But  in 
the  early  days  of  the  Republic,  when  the  country  was 
thinly  settled  and  the  means  of  self-support  were  not 
easily  wrung  from  the  soil  or  acquired  by  other  humble 
occupations,  the  property  test  was  sufficient  to  exclude 
a  large  number  of  males  from  the  suffrage. 

The  idea  of  our  State  authorities  at  the  time  when 
the  Union  was  formed  was  to  confine  the  ballot  to  "'solid" 
citizens — to  those  who,  through  their  ownership  of  prop- 
erty, had  some  material  interest  at  stake  in  the  conduct 
of  the  .government.  Thus,  in  Virginia,  the  most  populous 
of  the  original  States,  no  man  could  vote  in  a  country 
district  unless  he  owned  at  least  fifty  acres  of  land  or 
twentv-five  acres  with  a  house,  or  in  a  town  unless  he 
owned  a  house  and  lot.    The  Virginia  requirements  were 


Votinsf  Qualifications  and  Methods      241 


't> 


repeated  in  substance,  in  several  of  the  other  States.  In 
other  words,  the  possession  of  fifty  acres  of  land  or  its 
equivalent  was  quite  common  as  a  voting  qualification. 
In  Pennsylvania  any  man  who  paid  taxes  could  vote.  In 
Massachusetts,  the  voter  had  to  own  property  valued  at 
sixty  pounds,  while  Georgia  was  more  liberal,  fixing  the 
sum  at  ten  pounds. 

The  number  of  males  who  were  deprived  of  the  right 
to  vote  by  these  laws  can  only  be  roughly  estimated. 
Thomas  Jefferson  is  on  record  as  saying  that  the  majority 
of  the  men  of  his  State,  "who  pay  and  fight  for  its  sup- 
port," were  unrepresented  in  the  Legislature,  because 
they  had  no  votes.  In  Massachusetts  it  was  estimated 
that  a  quarter  of  the  adult  males  were  denied  the  right 
of  suffrage  because  they  lacked  the  property  qualification. 

3.  The  Tests  for  Office-Holding. — On  account  of  the 
voting  restrictions  in  the  original  States,  none  but  prop- 
erty owners  were  qualified  to  hold  public  office.  In  some 
of  the  States  this  office-holding  test  was  so  severe  that 
only  well-to-do  citizens  could  be  elected  to  the  Governor- 
ship. In  Maryland  no  man  could  be  chosen  Governor 
who  did  not  possess  five  thousand  pounds  in  lawful 
money,  a  considerable  sum  in  those  days ;  and  in  South 
Carolina  the  money  requirement  was  raised  to  ten  thou- 
sand pounds.  In  several  of  the  States  members  of  the 
Legislature  were  obliged  to  own  more  property  than  the 
ordinary  qualified  voter,  and  in  none  of  them  was  a  man 
without  property  eligible  to  any  important  office. 

4.  Vermont  Introduces  Manhood  Suffrage. — Ver- 
mont, the  first  of  the  new  States  admitted  to  the  Union 
(in  1791),  set  a  better  example  looking  toward  liberal 
democracy.  Her  constitution  granted  what  was  prac- 
tically white  manhood  suffrage.  It  conceded  the  right 
to  vote  to  every  man  who  was  "of  a  quiet  and  peaceable 


242  New  Era  Civics 

behavior,"  to  quote  its  quaint  phrase,  and  who  was  will- 
ing to  take  what  was  called  "the  freeman's  oath."  This 
was  a  sworn  pledge,  according  to  his  conscience,  "with- 
out fear  or  favor  of  any  man,"  to  vote  in  such  a  way  as 
would  "conduce  to  the  best  good"  of  the  State. 

The  two  other  States  that  joined  the  sisterhood  before 
the  close  of  the  eighteenth  century  were  Kentucky  and 
Tennessee,  which  patterned  their  voting  system  after 
Vermont's  in  this  respect.  They,  too,  virtually  estab- 
lished manhood  suffrage.  After  that  the  further  west 
the  new  country  extended  the  more  democratic  it  grew. 
But  it  took  the  older  States  some  time  to  feel  this  liberal- 
izing influence.  Not  only  did  they  retain  the  property 
qualification  for  voting  long  after  the  adoption  of  the 
Federal  Constitution,  but  some  of  them  provided  religious 
tests  for  the  voter  and  the  office-holder  in  the  first  ten 
}'ears  of  the  nation's  existence. 

Finally,  one  by  one  the  older  States  fell  into  line  for 
a  broader  suffrage  and  a  more  consistent  democracy.  In 
1820  Massachusetts  extended  the  suffrage  to  every  citizen 
willing  to  pay  a  small  fee  for  the  privilege,  known  as  a 
poll  tax.  New  York  established  manhood  suffrage  soon 
afterwards,  and  Virginia  in  1830.  By  the  mid-forties  the 
right  of  all  adult  male  citizens  to  vote  was  generally 
recognized  throughout  the  States. 

5.  The  Colored  Vote, — At  the  beginning  colored  men 
were  subject  to  the  same  voting  qualifications  as  whites 
in  the  five  States  of  Massachusetts,  New  Hampshire,  New 
York,  New  Jersey  and  North  Carolina.  Afterwards  New 
Jersey  and  North  Carolina  withdrew  the  privilege  from 
colored  citizens.  Some  of  the  new  States,  beginning  with 
Vermont,  granted  the  suffrage  only  to  colored  owners  of 
property,  but  most  of  them  confined  the  ballot  to  white 
citizens.     When  the  older  States  abolished  the  property 


Votino:  Qualifications  and  Methods      243 


't> 


qualification  for  white  voters,  all  of  them,  with  the  excep- 
tion of  Rhode  Island,  kept  it  in  force  with  regard  to 
colored  citizens.  Strictly  speaking,  therefore,  the  man- 
hood suffrage  which  was  prevalent  in  the  whole  of  the 
United  States  for  some  years  before  the  Civil  War  was 
in  reality  white  suffrage.  The  States  had  full  power 
under  the  Constitution  to  bar  the  colored  man  from  the 
ballot  box.  But  the  power  was  extinguished  by  the  adop- 
tion of  the  Fifteenth  amendment  in  1870. 

This  amendment  does  not  specifically  provide  that 
every  man  of  African  descent  shall  be  permitted  to  vote. 
It  simply  decrees  that  no  State  shall  withhold  the  suffrage 
from  citizens  on  account  of  "race,  color  or  previous  con- 
dition of  servitude."  The  intent  of  that  article  was  to 
place  the  colored  men  on  the  same  plane  as  the  whites 
in  the  enactment  of  State  laws  relating  to  the  suffrage. 

6.  Limiting  the  Suffrage  Again. — The  adoption  of 
this  amendment  was  one  of  the  incidental  results  of  the 
Civil  War.  But  before  that  conflict  was  fought  a  reaction 
against  full  manhood  suffrage  had  taken  place  in  a  num- 
ber of  States.  The  fruit  of  this  change  in  public  senti- 
ment was  seen  in  the  introduction  of  voting  restrictions 
aimed  chiefly  at  immigrants.  The  prejudice  back  of  it 
originated  with  the  heavy  immigration  from  Europe  be- 
ginning in  the  forties.  New  qualifications  for  voting  were 
then  created,  and  the  most  familiar  of  them  was  the  edu- 
cational test  intended  to  exclude  from  the  polls  persons 
who  could  not  read  and  write. 

Connecticut  introduced  the  first  educational  qualifica- 
tion of  this  kind  in  1855  when  her  voters  adopted  a  State 
Constitutional  amendment  providing  that  every  person 
must  "be  able  to  read  any  article  of  the  Constitution 
or  anv  section  of  the  statutes  of  this  State  before  being 
admitted  as  an  elector."    Two  years  later  Massachusetts 


244  New  Era  Civics 

followed  suit  with  an  amendment  prescribing  that  no 
one  could  vote  who  could  not  read  a  section  of  the  Con- 
stitution in  the  English  language  and  write  his  own  name. 
Today  this  simple  test  of  education  or  literacy  is  still 
enforced  in  a  number  of  States. 

7.  Methods  of  Voting. — The  changes  in  the  qualifica- 
tions for  voting  have  not  been  more  marked  than  the 
changes  in  the  methods  of  voting — an  entirely  different 
thing.  Up  to  a  period  within  the  memory  of  our  older 
citizens  the  laws  or  customs  governing  the  deposit  of 
ballots  on  election  day  were  very  lax,  and  as  a  conse- 
quence serious  abuses  of  the  voting  privilege  were  com- 
mon. For  about  a  century  after  the  adoption  of  the 
Federal  Constitution,  the  chief  concern  of  the  politicians 
was  "get  out  the  vote,"  and  the  vote  itself  was  a  written 
or  printed  slip  of  a  primitive  kind.  John  Greenleaf  Whit- 
tier,  in  his  poem  "The  Eve  of  Election,"  long  ago  called 
the  ballots  "the  written  scrolls  a  breath  might  float."  In 
the  old  days  before  the  Civil  War  not  only  did  the  paper 
ballots  take  on  a  great  variety  of  forms,  but  there  was 
little  pretense  of  regulating  their  distribution.  Such 
details  as  the  printing  of  ballots,  where  they  were  actually 
printed,  and  their  circulation  among  the  voters,  were  left 
to  the  candidates  and  their  friends  or  to  political  com- 
mittees. 

A  generation  or  so  ago,  the  State  laws  had  com- 
paratively little  to  do  with  the  preparation  of  the  ballots. 
Prior  to  1889,  some  of  the  States  had  laws  on  their  statute 
books  requiring  a  standard,  uniform  size  and  color  for 
the  ballots,  but  subject  to  these  conditions  the  party  com- 
mittees and  interested  persons  had  a  pretty  free  hand 
in  providing  the  stationery,  as  it  were,  for  the  voting 
process.  In  all  the  States,  laws  were  in  force  prohibiting 
election  bribery  and  fraudulent  voting  or  "repeating"  by 


Voting  Qualifications  and  Methods      245 

individuals ;  but,  aside  from  these  legal  precautions,  the 
States  exercised  little  supervision  over  the  act  or  means 
of  voting.  The  effect  of  this  free-and-easy  method  of 
voting  was  to  encourage  the  corruption  and  intimidation 
of  many  citizens.  It  can  be  seen  that  open  voting  en- 
couraged the  activities  of  those  who  made  it  their  busi- 
ness to  bribe  dishonest  persons,  or  to  influence  weak  ones. 


Vic  Lambdin. 

Voting  in  the  Old  Days 

Before  the  advent  of  the  secret  ballot  and  the  closed  polling  booth,  voting 
was  a  rather  open  process.  The  polling  places  were  usually  vacant  stores 
or  shops  or  the  sidewalk  fronting  a  store  or  shop  window,  through  which 
the  voters  handed  their  ballots  to  an  election  clerk.  Under  the  lax  laws  at 
that  time,  the  party  ballots  were  distributed  before  election  day,  and  prudent 
voters  came  to  the  polling  places  with  their  voting  tickets  already  prepared. 
Voters  who  did  not  take  this  precaution  were  besieged  and  "buttonholed" 
by  poll   workers   in   the   interest   of  candidates   or   parties. 

The  ballots  were  distributed  on  the  day  or  night  pre- 
ceding the  election,  but  many  voters  were  not  supplied 
in  this  way  and  waited  for  their  visits  to  the  polls  to 
obtain  their  ballots  from  party  workers. 

About  the  only  secrecy  attending  the  voting  process 
of  those  days  was  that  which  the  voter  himself  insured 


246 


New  Era  Civics 


by  preparing  his  ballots  in  advance,  folding  them  care- 
fully and  clutching  them  firmly  in  his  hand  as  he  ap- 
proached the  window  or  other  opening  where  the  election 
clerk  received  them  and  deposited  them  in  the  various 
boxes.  At  the  polls  the  voter  was  openly  solicited  to  vote 
for  this  or  that  candidate,  and  nearly  every  citizen  had 

to  undergo  an  embar- 
rassing experience  in  this 
regard.  As  may  be  im- 
agined, under  such  con- 
ditions vote-buyers  could 
ply  their  criminal  trade 
with  considerable  assur- 
ance that  the  corrupted 
man  would  vote  as  di- 
rected. On  the  other  hand, 
those  who  wished  to  use 
persuasion  on  voters  with- 
out bribery  had  every  op- 
portunity to  do  so. 

In  time  it  became  evi- 
dent that  the  crying  evils 
of  this  system  could  be 
corrected  only  by  two 
practical  reforms.  One 
was  absolute  secrecy  in 
voting  and  the  other  was 
the  publication  and  dis- 
tribution of  an  official 
ballot  by  the  State  under  strict  safeguards.  The  idea 
back  of  these  reforms  was  borrowed  from  Australia,  and 
the  system  by  which  it  was  introduced  into  this  country 
is  still  known  as  the  Australian  ballot.  It  is  also  called 
the  Massachusetts  ballot,  because  Massachusetts  was  the 


The   Secret  Ballot 

Secret  voting  is  now  the  universal 
rule.  The  above  cut  represents  a 
voter  closing  behind  him  the  curtains 
of  a  ballot  machine.  The  closing  of  the 
•curtains  unlocks  the  small  levers  on  the 
iTiachine,  which  he  can  then  shift  as  he 
pleases. 


Voting;  Qualifications  and  Alethods      247 


first  State  to  adopt  it  for  all  elections,  by  a  law  enacted 
in  1889. 

8.  The  Massachusetts  and  Other  Official  Ballots. — 
The  new  system  did  away  with  open  and  irregular  vot- 
ing, and  put  the  voting  process  where  it  belongs,  under 
the  official  control  of  the  State.  Its  chief  requirements 
were  four.  First,  that  all  ballots  should  be  printed 
under  the  direction  of  public  officials  and  at  the  public 
expense,  and  distributed,  under  official  custody,  among 
the  various  polling  booths  at  a  reasonable  time  before  the 
opening  of  the  booths  on  election  day.  Second,  that 
the  names  of  all  candidates  for  office  should  be  printed 
on  a  single  sheet  (thus 
displacing  the  old  system 
of  separate  ballots  for  the 
different  candidates,  or 
sets  of  candidates).  Third, 
that  each  voter,  after  his 
name  had  been  called  and 
his  right  to  vote  verified, 
should  receive  a  ballot 
and  be  permitted  to  retire 
with  it  to  a  private  poll- 
ing booth  and  prepare  it 
for  casting.  Fourth,  that 
the  list  of  candidates 
should  be  so  arranged  on 

the  ballot  that  the  voter  could  easily  indicate  his  choice 
with  a  penciled  cross  in  a  square  before  the  name  of  each 
candidate.  Such  are  the  main  features  of  the  Australian, 
or  Massachusetts,  ballot  reform.  The}-  have  been  varied 
by  all  the  States  adopting  it,  though  the  general  prin- 
ciple has  been  accepted.  The  vote  of  every  man  and 
woman  on  election  day  is  their  own  secret.   . 

17 


4        DisxErcT  xrmsnm  (Vot<>  xor  wa). 

X 

Ct  t.vWJ.S  A     'kif.J^  1^5 ............ .  KtfwW^ciKi 

KO^^S...  .KH,=,S '■•.—  YiS^t:^''.. 

A 

,     .mWlriF  K-llt»>S ,...,._fiv)M!-im.l,| 

1    '"■' 

Z.J-"—:,,:.-:^,:f^ 

I 

.'.W;".l-.  Mi-.i: «»:«->: ,.,..  .So.uflafciir 

1,1 

The  Crossmark 

Section  of  a  Massachusetts  ballot 
showing  the  squares  before  the  candi- 
dates named.  The  voter  marks  a  cross 
before  the  name  of  the  candidate  he 
favors.  To  the  left  are  the  party- 
emblems. 


248 


New  Era  Civics 


"Splitting"   the  Ticket 

A  section  of  an  official  ballot,  on  which 
the  voter  can  vote  a  "straight"  ticket 
by  marking  a  cross  in  a  circle  at  the 
head  of  his  party  column.  In  this  in- 
stance the  voter  has  placed  a  cross- 
mark  in  his  party  circle,  but  he  has 
also  marked  two  names  in  the  next 
column.  This  means  that  the  two 
lower  crosses  must  be  counted  for  the 
Democrats  whose  names  are  marked, 
but  all  his  other  votes  go  for  the  can- 
didates  in   the    Republican   column. 


The  advantages  of  the  new  system  were  so  obvious, 
particularly  in  the  matter  of  protecting  secrecy  in  voting 
and  therefore  discouraging  bribery  and  intimidation,  that 
it  gradually  made  headway  throughout  the  country.  On 
the  Massachusetts  ballot  the  names  were  so  grouped  that 

the  candidates  were  voted 
for  by  offices.  Some  of 
the  other  States,  while  ac- 
cepting the  official  ballot, 
insisted  on  grouping  the 
names  of  candidates  by 
parties  and  permitting  a 
voter  to  indicate  his  pref- 
erence for  an  entire  set  of 
party  candidates  with  a 
single  crossmark.  But 
the  general  tendency  in 
all  the  States  has  been  to 
introduce  some  variety  of 
the  Massachusetts  ballot 
that  secures,  by  stringent 
election  laws,  the  right  of 
the  citizen  to  cast  his  bal- 
lot unmolested  and  unob- 
served and  to  exercise  a 
deliberate  choice  in  the  marking  of  the  official  sheet  or 
sheets  provided  for  his  use. 

The  new  system  is  not  without  its  drawbacks.  In 
many  cities  and  counties,  it  is  necessary  to  print  ballots 
of  enormous  size  to  accommodate  all  the  names,  and  the 
task  of  marking  them  properly  is  no  light  one.  The  term 
"blanket  ballot"  is  often  used  to  describe  them.  But  in 
such  cases  it  is  customary  to  placard  the  walls  of  the 
polling  places  with  sample  ballots  duplicating  the  official 


Votins:  Oualifications  and  Methods 


249 


ones  and  containing  elaborate  instructions  for  the  voter's 
guidance. 

9.  The  Registration  Requirement. — Voters  are  iden- 
tified by  the  registration  records.  In  practically  all  the 
States  there  are  strict  regulations  for  the  registration  of 
voters  in  advance  of  the  elections.  This  is  really  a  direc- 
tory of  voters,  with  details  as  to  age,  nativity,  place  and 
length  of  residence  and  the  like,  and  it  furnishes  the  elec- 
tion clerks  with  the  necessary  information  for  check- 
ing off  the  names  of 
voters  when  they  present 
themselves  on  election 
day. 

10.     Voting     by     Ma- 


.T.~,   .—,        -       ...        Bim    I    ...t. 


uca      ru»iu 


Shifting  the  Machine  Lever 

Registering  a  vote  for  a  chosen  can- 
didate. While  the  voter  remains  in 
the  booth  he  can  move  the  levers  at 
will,  but  when  he  leaves,  the  levers  are 
automatically  locked  and  his  vote  is 
registered  on  the  hidden  dial  of  the 
machine.  This  dial  is  not  exposed 
until  the  polls  are  closed. 


chinery, — The  paper  bal- 
lot is  not  the  only  agency 
for  voting.  In  a  number 
of  cities,  particularly  in 
New  York  State,  ballot 
machines  are  employed  to 
register  the  choice  of  the 
voters.  The  original  de- 
vice of  this  kind  was  in- 
vented by  Jacob  H.  Myers 
of  Rochester,  and  was  first 
put  to  practical  use  in 
1896.  In  its  latest  de- 
velopment votes  are  regis- 


tered on  the  machine  by 
the  moving  of  a  lever  under  the  name  of  each  can- 
didate on  its  dial.  The  recording  of  the  votes  is  auto- 
matic, and  the  figures  cannot  be  seen  by  the  voter  while 
it  is  in  progress.  But  after  the  polls  are  closed  the  total 
vote  for  each  candidate  is  disclosed  by  the  unlocking  of 


250  New  Era  Civics 

a  secret  register.    The  chief  merit  claimed  for  the  machine 
is  its  prompt  announcement  of  the  result. 

11.  Residence  Qualifications. — In  all  the  States  the 
election  laws  require  a  certain  period  of  residence  as  a 
condition  for  voting.  This  is  called  the  residence  quali- 
fication, and  it  varies  in  the  different  States  from  three 
months  to  two  years.  In  a  majority  of  the  States  the 
requirement  is  one  year.  Maine  has  been  a  lenient  State 
in  this  regard,  allowing  a  citizen  otherwise  qualified  to 
vote  after  a  three  months'  residence  within  her  borders. 
Seven  States  allow  the  franchise  only  to  those  who  have 
resided  there  at  least  two  years,  and  in  eleven  States  a 
six  months'  residence  is  deemed  long  enough. 

In  most  of  the  States,  moreover,  the  election  laws 
prescribe  that  the  voter  must  have  been,  for  some  fixed 
period,  a  resident  of  the  county,  the  city  or  the  town  and 
the  election  district  in  which  he  or  she  registers.  The 
election  district  is  the  smallest  geographical  unit  for 
voting  purposes,  and  it  may  be  within  the  boundaries 
of  a  city  ward  or  a  country  town.  The  idea  back  of  this 
arrangement  is  to  have  in  each  election  district  about  the 
number  of  voters  that  can  be  accommodated  at  the  poll- 
ing place  of  the  district  within  the  hours  of  election  day. 
The  different  residential  requirements  for  voting  in  the 
State  and  in  its  counties  and  election  districts  may  be 
conveniently  illustrated  in  the  case  of  New  York.  There 
it  is  necessary  for  the  voter  to  be  for  one  year  a  resident 
of  the  State,  for  four  months  a  resident  of  the  county  and 
for  thirty  days  a  resident  of  the  election  district.  In  the 
different  States  the  voting  requirement  for  counties,  cities 
or  towns  varies  from  one  year  to  ten  days,  the  last 
named  regulation  prevailing  in  Wisconsin. 

It  is  necessary  to  insist  on  these  residence  qualifica- 
tions, even  in  the  case  of  natural  born  citizens,  to  prevent 


Voting  Qualifications  and  Methods      251 

fraudulent  voting.  If  there  were  no  residence  require- 
ments voters  could  be  transported  from  one  place  to 
another  to  serve  the  interests  of  unscrupulous  candidates 
for  office.  This  species  of  fraud  is  sometimes  attempted, 
and  is  known  as  the  "colonization"  of  voters,  but  it  is  far 
less  practiced  now  than  in  the  days  when  the  election 
laws  were  loosely  framed  and  easily  evaded. 

12.  Other  Voting  Qualifications. — Under  the  election 
laws  in  force  in  a  number  of  the  States,  no  one  can  vote 
who  is  unable  to  read  passages  of  the  Constitution  or 
other  printed  matter,  and  in  some  States  this  test  covers 
the  ability  of  the  citizen  to  write  at  least  his  or  her  name. 
In  only  one  State  of  the  Union,  Rhode  Island,  has  the 
property  qualification  survived.  This  is  not,  however, 
a  harsh  one,  as  the  amount  of  property  the  voter  must 
possess  is  put  at  only  $134  with  an  income  therefrom  of 
$7  per  annum.  In  six  States  the  voter  is  required  to  pay 
a  poll  tax  of  $1  or  $2.  It  is  frequently,  however,  a  tax 
on  a  political  party,  rather  than  individuals,  as  in  the 
case  of  many  an  impecunious  voter  his  committee  sees 
that  it  is  paid. 

13.  Disqualifications  for  Voting. — In  nearly  every 
State  the  election  laws  impose  voting  disqualifications 
of  one  kind  or  another.  Only  two  States,  Arizona  and 
Iowa,  have  no  specific  provision  of  this  kind  in  their  laws. 
Most  of  the  disqualifications  are  for  conviction  of  crime, 
and  particularly  of  offenses  against  the  suffrage,  such  as 
the  giving  or  taking  of  bribes.  In  three  of  the  States 
betting  on  the  election  disqualifies  a  voter.  A  few  of 
the  States  disqualify  professional  soldiers  and  sailors,  and 
also  bar  duelists.  One  State,  North  Carolina,  denies 
the  ballot  to  atheists,  and  this  is  the  only  thing  sug- 
gestive of  a  religious  test  in  the  election  laws  of  the 
country. 


252 


New  Era  Civics 


14.  Naturalization. — The  next  thing  to  consider  is 
the  naturalization  laws  of  the  United  States — the  laws 
by  which  foreign  born  persons  are  transformed  into 
citizens  and  voters.  The  student  should  carefully  dis- 
tinguish between  the  two  words  "citizen"  and  "voter." 
In  any  State  of  the  Union  a  man  can  be  a  citizen  with- 
out being  a  voter,  and  in  eight  States  men  are  legally 
permitted  to  vote  before  they  are  citizens. 


Brown  Brus. 


Lessons   in   Citizenship 

A  mimic   registration   and   election   for   the   benefit   of   new   voters. 


The  making  of  citizens  is  a  function  belonging  to 
the  Federal  government  and  operating  through  its 
naturalization  laws.  On  the  other  hand,  the  making 
of  voters  is,  beyond  certain  limits  prescribed  by  the  Fed- 
eral Constitution,  a  State  function.  In  order  to  be- 
come citizens,  immigrants  or  aliens  are  obliged  to  observe 
simple  rules  set  down  in  the  Federal  law^s.  Natural- 
ization is  open  to  only  two  races,  however,  the  white 


Voting  Qualifications  and  IMethods       253 


and  the  African.  The  foreigner  who  wishes  to  become 
a  citizen  must  file  a  statement  of  that  intention  with 
the  nearest  court  having  jurisdiction  in  such  matters. 
He  must  at  the  same  time  renounce  his  allegiance  to  any 
foreign  government,  and  give  all  the  data  regarding  his 
place  of  birth,  the  time  of  arrival  here  and  the  like.  The 
person  filing  such  declaration  of  intention  must  be  at 
least  eighteen  years  of  age.  If  this  application  is  regular, 
he  receives  what  are  known  as  his  "first  papers."  Not 
less  than  two  years  afterwards  he  can  advance  the  process 
before  the  proper  court,  provided  he  has  been  five  years 
in  this  country  in  all.  He  then  files  a  petition  for  citizen- 
ship in  his  own  handwriting,  stating  all  the  facts  required 
to  prove  his  claim  and  qualifications.  Two  citizen  wit- 
nesses must  certify  that  he  has  been  a  resident  of  the 
State  for  at  least  a  year  and  that  he  is  morally  fit  for 
citizenship.  Ninety  days  must  elapse  before  the  court 
acts  on  this  final  petition.  When  the  court  grants  the 
petition  he  is  a  full-fledged  citizen. 

The  same  naturalization  laws  apply,  of  course,  in  the 
case  of  female  aliens,  with  this  exception,  however,  that 
such  females  are  natural- 
ized by  their  marriage  to 
citizens,  if  they  have  been 
residents  of  the  country 
for  the  requisite  time. 

The  law  confers  upon 

aliens  who  have  served  in 

the     American     army     or 

navy   a   special   privilege. 

in  the  shape  of  a  short  cut 

to  citizenship.  ^"'""  ^'"'■ 

™,  A  •  1  The  Naturalization  Process 

i  he        American-born  .     , 

Foreign-born  citizens  taking  out  their 

children     of     naturalized  last  citizenship  papers. 


254  New  Era  Civics 

citizens  do  not  have  to  be  naturalized  upon  reaching 
age,  for  they  then  enjoy  all  the  benefits  of  citizenship. 
Though  the  law  denies  naturalization  to  members  of  the 
yellow  and  brown  races,  including  Japanese,  Chinese  and 
Malays,  children  born  to  them  here  become  citizens  at 
twenty-one. 

As  already  noted,  eight  states  confer  the  suffrage  on 
aliens.  This  concession  is  granted  as  soon  as  they  have 
filed  their  declaration  of  intention  after  two  years  resi- 
dence. 

15.  The  Compulsory  Voting  Idea. — Every  year,  even 
in  the  most  important  elections,  some  percentage  of  citi- 
zens fails  to  qualify  for  the  suffrage  by  registration.  For 
that  reason  reformers  have  from  time  to  time  agitated 
for  a  system  of  compulsory  voting,  under  which  each 
backward  citizen  could  be  punished  by  a  fine  for  neg- 
lecting to  perform  his  duty  as  a  voter.  So  far,  however, 
the  movement  has  made  no  serious  headway,  and  no  State 
has  given  it  legal  sanction.  The  most  serious  obstacle 
to  this  reform  is  the  consideration  that  it  would  not  fit  in 
with  secret  voting;  that  there  would  be  no  means  of 
ccrtifving  any  man's  compliance  with  the  law,  even 
though  he  should  visit  the  polls  and  apparently  cast  a 
ballot,  which,  in  fact,  he  could  purposely  leave  blank. 
It  is  argued  that  a  law  under  which  it  would  be  impos- 
sible to  prove  that  a  man  unwilling  to  vote  had  actually 
voted  for  candidates,  would  be  of  doubtful  value. 


Question  Guide  to  Chapter  XIII 

1.  What  is  the  meaning  of  democracy?  Tell  something  about 
the  restrictions  on  voting  in  Washington's  time?  Where  did  the 
Federal  government  leave  the  power  to  prescribe  voting  qualifica- 
tions ? 


Voting  Qualifications  and  Methods      255 

2.  What  is  manhood  sufifrage?  What  was  the  most  common 
voting  qualification  adopted  by  the  original  States?  Why  was  this 
considered  expedient?  Name  some  of  the  States  and  specify  the 
voting  conditions  peculiar  to  them. 

3.  What  was  the  original  test  for  officeholders?  Give  illustra- 
tions. 

4.  Name  the  first  new  State  admitted  to  the  Union?  In  what 
year?  What  voting  system  was  adopted  by  this  new  State?  What 
two  States  were  admitted  to  the  Union  and  adopted  the  Vermont 
system  before  the  beginning  of  the  eighteenth  century?  After  that 
what  followed  up  to  the  mid-forties? 

5.  At  the  beginning,  what  States  gave  equal  rights  to  the  white 
and  colored  voters?  What  States  first  withdrew  the  privilege  of 
the  ballot  from  the  colored  voter?  What  constitutional  amendment 
took  from  the  States  the  power  of  discriminating  against  colored 
men?  In  what  year  was  this  amendment  adopted  and  what  did  it 
provide? 

6.  What  event  preceded  the  adoption  of  the  Fifteenth  amend- 
ment? What  other  influence  on  suffrage  was  at  work  before  that 
time?  In  what  year  was  the  first  educational  requirement  for  voting 
introduced?     By  what  State?     How  did  this  provision  read? 

7.  Tell  something  of  the  methods  of  voting  prior  to  1889.  What 
was  the  objection  to  this  free-and-easy  system?  How  were  the 
ballots  distributed?  What  evils  were  attendant  upon  the  open-ballot 
system?  What  reform  was  adopted  to  correct  existing  abuses? 
What  State  first  adopted  the  reform?     In  what  year? 

8.  The  new  voting  system  was  placed  under  what  control? 
Name  under  three  heads  the  main  features  of  this  method.  What 
merit  had  the  system  to  commend  it  to  general  use?  What  form 
was  adopted  in  [Massachusetts?  How  has  it  varied  in  other  States? 
In  substance  what  is  the  general  method?  What  is  one  drawback 
of  the  Massachusetts  ballot  and  how  is  it  partly  overcome? 

9.  What  is  the  purpose  of  registration  laws?  How  is  identifica- 
tion of  voters   insured? 

10.  When  and  where  was  the  ballot  machine  first  used?  How 
does  it  work?     What  is  its  chief  merit? 

11.  What  is  the  meaning  of  "residence  qualification"?  What 
is  the  time  requirement  in  the  majorit}'  of  States?  In  most  of  the 
States  what  law  is  prescribed?  What  is  an  election  district?  What 
is  the  object  of  election  districts?  Give  an  illustration  of  what  is 
meant  by  residential   requirements   in  a  given   State.     Name  a  re- 


256  New  Era  Civics 

quirement  common  to  all  States.    Why  are  such  State  requirements 
necessary? 

12.  How  many  States  apply  the  reading  test  to  voters? 

13.  What  are  the  voting  disqualifications  in  a  number  of  States? 
Cite  instances. 

14.  What  is  the  meaning  of  naturalization?  Can  a  man  be  a 
citizen  without  being  a  voter?  To  what  races  is  naturalization 
open?  What  must  an  alien  or  immigrant  first  do  to  become  a 
citizen?  What  age  is  necessary  in  making  the  first  application? 
Mention  some  proceedings  for  naturalization.  Do  the  same  naturali- 
zation laws  apply  to  both  sexes?  What  of  children  born  in  the 
United  States  of  naturalized  parents?  How  many  States  require 
only  two  years'  residence  of  aliens  before  they  become  voters? 

15.  Has  compulsory  voting  ever  been  considered?  Why  is  it 
not  deemed  advisable? 

Test  Questions  and  Hints 

1.  How  long  have  women  been  able  to  vote  for  all  elective 
ofiicers  in  your  State? 

2.  What  is  the  method  of  voting  in  your  city  or  toyi^n — with 
the  paper  ballot  or  with  the  ballot  machine?  If  the  paper  ballot 
is  used,  is  each  of  the  candidates  voted  for  with  a  separate  cross- 
mark,  or  is  there  a  way  of  voting  a  "straight"  party  ticket  with  a 
single  crossmark? 

3.  How  many  voting  districts,  or  polling  places,  are  there  in 
your  city  or  town? 

4.  On  what  date  are  the  elections  held  for  the  choice  of  your 
city  (or  town)  ofiicers? 

5.  What  are  the  dates  for  the  registration  of  voters  in  your 
State? 

6.  How  long  must  a  person  be  a  resident  of  your  State,  and 
of  your  county  and  city,  in  order  to  qualify  as  a  voter? 

7.  Where  is  the  polling  place  of  the  election  district  in  which 
you  reside? 


PART  IV 

THE  LOCAL  COMMUNITY 


CHAPTER  XVI 

CITY,   COUNTY,   TOWN    AND   VILLAGE 

TJie  modern  city  has  come  to  be  a  huge  corporation  with 
many  branches. — John  Fiske. 

1.  Our  Interest  in  City  Affairs. — It  is  a  curious  fact 
that  in  most  cities  and  villages  a  larger  vote  is  cast  in 
national  contests  for  Presidential  Electors  than  in  the 
elections  to  decide  the  choice  of  local  officials.  This  cir- 
cumstance is  largely  due  no  doubt  to  the  long  Presidential 
canvasses  and  to  the  unusual  efforts  of  political  com- 
mittees to  get  out  the  vote  in  Presidential  years.  But 
whatever  the  explanation  may  be,  there  are  always  the 
best  of  reasons  why  a  full  vote  should  be  cast  in  local 
elections,  whether  one  lives  in  a  city,  a  village  or  a  rural 
community. 

While  it  is  our  duty  to  bestow  the  right  degree  of 
attention  upon  national  and  State  concerns,  it  is  the  local 
administration  that  touches  the  home  most  closely.  If 
citizens  are  educated  to  the  point  where  they  take  a  con- 
stant and  earnest  interest  in  the  political  management  of 
their  local  communities,  there  will  be  little  danger  of  the 
State  or  the  nation  suffering  from  public  neglect  of 
civic  duty  in  the  broader  spheres  of  government.  The 
city  or  other  community  in  which  we  live  is,  in  a  very 
practical  sense,  but  a  larger  household,  and  the  political 
student  or  new  voter  can  make  no  better  resolve  than  to 
keep  a  watchful  and  critical  eye  upon  local  government. 

259 


260  New  Era  Civics 

2.  Main  Objects  of  City  Government. — Cities  are 
organized  political  subdivisions  of  a  State.  Yet  all  the 
cities  are  allowed  considerable  liberty  in  the  control  of 
their  own  affairs.  Their  methods  of  government  vary 
much,  but  all  of  them  have  a  common  purpose,  namely, 
to  insure  the  safety,  convenience  and  comfort  of  the 
inhabitants. 

Necessarily,  the  prime  object  in  every  well-governed 
municipality  is  to  protect  the  health,  the  lives  and  the 
property  of  the  people.  These  aims  come  under  the  head 
of  public  security.  The  machinery  created  to  serve  these 
vital  purposes  is  familiar  to  everybody  in  the  shape  of 
police,  fire  and  health  departments.  To  this  group  may 
be  added  the  department  or  bureau  that  furnishes  the 
necessaries  of  life  to  the  destitute. 

Next  in  order  we  must  rank  public  utility  or  con- 
venience. Among  the  agencies  here  at  work  are  various 
departments  for  cleaning  the  streets,  laying  new  pave- 
ments or  repairing  old  ones,  and  constructing  and  main- 
taining public  buildings,  and  the  like.  In  this  class  we 
must  also  include  our  schools,  for  next  to  the  safeguard- 
ing of  health,  life  and  property,  no  municipal  duty  is  so 
important  as  that  of  fostering  education. 

When  these  practical  objects  are  provided  for,  the 
third  mission  of  the  city  government,  to  promote  the 
public  comfort,  must  receive  attention.  This  covers 
every  instrumentality  or  measure  for  making  the  city  a 
pleasant  place  to  live  in. 

Thus,  with  three  words  the  objects  for  which  munic- 
ipal administrations  are  conducted  may  be  described. 
They  are  security,  utility  and  attractiveness. 

It  must  be  observed,  however,  that  the  different 
departments  of  a  city  government  cannot  be  entirely 
separated  along  these  lines.    Some  of  them  serve  a  double 


City,  County,  Town  and  Village         261 


purpose.  The  parks  add  to  a  city's  attractiveness,  and 
they  also  serve  the  interests  of  the  public  health.  Im- 
posing public  buildings  are  daily  put  to  a  practical  use, 
for  the  transaction  of  the  city's  business.  If  they 
are  wisely  planned  and  constructed  they  figure  to  great 

advantage  in  a  city's  beau- 
tification.  P'ine  pavements 
are  a  matter  of  public  con- 
venience, but  they  must 
also  be  numbered  among 
a  city's  attractive  features. 
When  all  these  things  are 
set  down  they  supj^ly,  in 
a  general  way,  a  good  test 
whereby  to  measure  the 
efficiency  and  success  of  a 
city  government. 


The   San   Francisco   City   Hall 

One  of  the  three  imposing  units  of  the 
city's  Civic  center,  the  others  being 
the  PubHc  Library  and  the  Auditorium. 


3.  How  Vigilant  Citi- 
zens Can  Help. — It  has 
been  claimed  by  many  wdio  travel  extensively  that  the 
city  governments  of  Europe  have  been  better  conducted 
than  our  own.  We  need  not  stop  to  inquire  how  much 
of  truth  there  is  in  this  comparison.  It  is  enough  to 
know  that  there  is  room  for  considerable  improvement 
in  city  government  in  the  United  States,  and  that  the 
improvement  is  bound  to  come  with  the  growth  of  a 
keener  interest  among  our  city  voters  in  their  municipal 
concerns. 

Every  citizen  is  better  qualified  to  vote  intelligently 
on  local  than  on  State  or  national  questions,  because  the 
methods  of  a  city  government  and  their  practical  results 
come  largely  under  his  or  her  personal  observation.  It 
is  this  opportunity  for  close  examination,  or  first-hand 
inspection,  that  should  fit  intelligent. citizens  in  a  special 


262 


New  Era  Civics 


degree  to  vote  wisely  in  municipal  elections.  The  city 
government  is  often  compared  to  a  business  corporation. 
But  in  one  important  respect  the  city  differs  from  the 
private  business  concern.  It  is  not  organized  to  make 
money.  It  is  maintained  by  taxation  to  serve  the  public, 
and  for  no  other  pur- 
pose. In  spite  of  this  dif- 
ference, city  voters  may 
fairly  be  expected  to  take 
the  same  kind  of  interest 
in  their  local  government 
as  they  would  in  the  man- 
agement of  a  corporation 
in  which  they  had  in- 
vested money  as  stock- 
holders. 

4,  Party  Politics  in 
Local  Contests.  —  W  h  y 
people  should  vote  so 
often  and  to  so  large  an 
extent  as  partisans  or 
party  adherents,  in  local 
contests  that  relate  to 
their  business  affairs  as  a 
municipal  association,  is  a 
question  often  asked  and 

never  satisfactorily  answered.  Whatever  one  may  think 
of  it,  it  is  true  that  the  great  majority  of  citizens,  per- 
haps from  eighty  to  ninety  per  cent,  favor,  as  a  rule, 
in  municipal  elections,  the  same  party  which  they  are 
accustomed  to  support  in  the  State  or  national  field. 
AVhile  there  is  more  independence  in  local  politics,  the 
difference  in  that  direction  is  not,  as  yet,  strongly 
marked. 


^luNiciPAL  Safeguards — I 

The    backyard    of    a    tenement    house 

showing  conditions  that  menace  health 

and  increase  the  danger  of  fire. 


City,  County,  Town  and  Village 


263 


5.  The  Public  Protection. — The  pohce  and  fire  de- 
partments of  our  cities  have  changed  but  little  from  the 
old  days  in  their  general  functions.  But  in  nearly  all 
cities  their  organization  has  been  improved  by  the  appli- 
cation of  the  merit  system  in  the  selection  of  new  mem- 
bers and  the  protection  of 
the  old  ones.  Another 
wholesome  tendency  has 
been  to  put  them  under 
the  control  of  single  ex- 
ecutives. The  old  rule  in 
many  cities  was  to  subject 
them  to  the  authority  of 
commissions,  generally  bi- 
partisan. Under  the  new 
regime  there  is  less  poli- 
tics and  better  discipline 
in  the  police  and  fire  de- 
partments of  every  pro- 
gressive city. 

In  the  health  depart- 
ments of  our  cities  there 
has  been  an  even  more 
revolutionary  change  for 
the  better.  This  change 
is  largely  due  to  the  great 
progress  during  the  last  twenty  years  in  {he  science  of 
public  sanitation.  Today  every  well  organized  health 
department  and  bureau  is  a  powerful  organization  for 
the  enforcement  of  quarantine  in  the  case  of  contagion ; 
for  the  inspection  and  certification  of  food,  particularly 
milk;  for  the  destruction  of  nuisances  menacing  the  pub- 
lic health ;  and,  generally  speaking,  for  the  strict  enforce- 
ment of  every  precaution  necessary  to  guard  the  people 

18 


Municipal  S.afeguards — II 

A  companion  picture  for  the  last.    The 

same  tenement  area  after  efficient  city 

officials   have   finished  their  task. 


264  New  Era  Civics 

against  infectious  diseases.  In  the  larger  cities  benevo- 
lent societies  have  been  formed  to  co-operate  with  the 
official  health  agencies  in  providing  sterilized  milk  for 
the  infants  and  adult  invalids  of  the  poor,  to  raise  "fresh- 
air"  funds  for  children's  vacations  and  to  improve  living 
conditions  in  districts  where  poverty  abounds.  Prac- 
tically all  of  the  States  have  aided  in  these  wise  philan- 
thropic movements  with  strict  sanitary  laws. 

The  problem  of  providing  a  pure  and  plentiful  water 
supply  is  one  of  the  gravest  that  cities  have  to  solve. 
It  is  often  necessary  for  them  to  incur  a  heavy  bonded 
indebtedness  for  this  purpose  where  the  sources  of  an 
adequate  supply  are  at  a  distance.  The  administration 
of  the  water  service  is  generally  intrusted  to  a  municipal 
department  or  bureau,  which  has  charge  of  the  water 
works,  the  maintenance  of  the  conduits,  reservoirs  and 
distributing  mains,  the  collection  of  fees  and  other  im- 
portant duties.  The  health  department,  as  a  rule, 
necessarily  exercises  an  official  supervision  over  the 
quality  of  the  water,  to  guard  against  possible  con- 
tamination. A  healthful  and  abundant  water  supply  is 
recognized  as  one  of  a  city's  best  assets. 

6.  Municipal  Service  and  Franchises. — It  is  the  rule 
in  American  cities  to  group  in  a  public-works  depart- 
ment, whatever  name  may  be  given  to  it,  such  operations 
as  the  paving,  repairing  and  cleaning  of  the  streets ;  the 
public  lighting ;  the  care  of  the  parks ;  the  disposal  of 
the  city's  sewage,  garbage,  ashes  and  other  refuse  ;  the 
charge  of  bridges  and  docks  (if  such  accommodations 
are  needed)  and  all  other  matters  relating  to  the  city's 
convenience.  As  to  the  regulating  of  the  public  utilities 
of  a  city,  such  as  its  street  car  or  other  traction  service 
and  the  lighting  of  its  streets  and  homes,  a  great  variety 
of  municipal  systems  is  in  force.     Excepting  in  compara- 


City,  County,  Town  and  Village         265 

tively  few  cases,  this  public  service  is  furnished  by  com- 
panies operating  under  franchises,  or  formal  contracts, 
granted  by  the  municipal  authorities  for  varied  periods 
of  time  and  on  varied  terms. 

In  the  early  da}  s  when  the  street  car  service  was  in 
its  infancy,  and  later  when  electric  lighting  from  central 
plants  was  first  introduced,  city  franchises  for  trans- 
portation and  lighting  were  voted  away  on  conditions 
exceedingly  favorable  to  the  interested  companies.  We 
have  since  reached  a  stage  of  municipal  development 
where  such  privileges  have  brought  large  returns  to  city 
treasuries.  Since  1900  or  thereabouts  corporations  of 
this  character  have  been  subjected  to  State  as  well  as 
municipal  regulation,  and  although  financed  by  private 
capital,  they  are  now  generally  known  as  public-service 
corporations. 

When  we  pass  from  the  city  functions  relating  to 
public  safety  and  utility  and  come  to  those  affecting  the 
city's  general  attractiveness  or  beautification,  we  find 
that  much  of  this  ornamental  duty  is  intrusted  to  special 
commissions  of  public-spirited  citizens  serving  without 
pay.  Some  of  them  are,  however,  armed  with  large 
powers  of  discretion  in  the  planning  of  the  city's  growth 
along  modern  lines.  For  example,  the  widening,  altera- 
tion and  improving  of  streets  are  so  directed  as  to  con- 
form to  their  far-sighted  programs. 

7.  Municipal  Taxation. — The  cost  of  city  adminis- 
tration, as  compared  with  the  demands  of  the  State  and 
national  governments  upon  the  taxpayer  in  ordinary 
times,  is  very  heavy.  This  is  because  the  city  govern- 
ment performs  a  variety  of  services  that  more  directly 
affect  the  citizen  than  the  activities  of  State  and  nation. 
Under  normal,  peace-time  conditions  the  citizen's  con- 
tributions to  the  support  of  his  local  government,  city 


266  New  Era  Civics 

or  town,  and  county,  are  his  largest  taxation  for  public 
purposes. 

The  case  of  the  city  and  the  State  of  New  York  may 
be  cited  as  an  instructive,  though  rather  extreme,  illus- 
tration of  this  truth.  Taking  the  years  1919  and  1920 
as  an  example,  the  annual  budget  of  New  York  city  was 
two  and  a  half  times  as  large  as  that  of  New  York  State. 
Again,  the  bonded  debt  of  New  York  city,  which  was 
well  past  one  billion  dollars  in  the  years  mentioned, 
was  more  than  five  times  as  large  as  that  of  the  State 
government  at  Albany.  At  first  glance,  it  may  seem 
strange  that  it  costs  less  to  run  a  great  State  than  one 
of  its  own  political  subdivisions,  but  the  wonder  dis- 
appears when  we  consider  the  many  kinds  of  municipal 
service  requiring  appropriations  which  the  State  does 
not  have  to  match. 

In  the  city  the  main  reliance  for  revenue  is  taxation 
on  real  estate — a  convenient  and  easily  assessed  and  col- 
lected revenue.  Another  common  and  fruitful  source 
of  income  to  cities  has  been  the  excise,  or  license,  for 
the  sale  of  liquor.  But  this  disappeared  with  the  advent 
of  Prohibition,  and  various  expedients,  including  sub- 
stantial increases  in  the  real  estate  tax,  have  taken  its 
place.  In  addition,  the  cities  derive  revenue  from  the 
taxing  of  corporations  or  their  franchises,  from  the  sur- 
plus income  from  their  water  service  and  from  the  im- 
position of  fees  of  one  kind  or  another  upon  theatres, 
traveling  showmen,  street  vendors  and  other  minor 
sources. 

In  the  case  of  costly  undertakings  such  as  new  water 
supplies,  public  buildings  and  the  purchase  of  sites  for 
new  parks,  it  is  customary  for  cities  to  borrow  money 
on  bond  issues  payable  after  a  fixed  time.  The  object  is 
to   shift  a  part  of  the  cost  to  later   taxpayers.     But  it 


City,  County,  Town  and  Village         267 


who  abboint; 
the 


is  the  rule  in  most  States  that  such  bonded  indebtedness 
shall  be  limited  in  order  that  it  may  bear  a  reasonable 
proportion  to  the  entire  assessed  valuation  of  the  city's 
real  estate. 

8.  The  Government  of  Cities. — In  the  majority  of 
cities  a  system  of  government  prevails  which  bears  some 
resemblance  to  the  Fed- 
eral and  State  systems. 
An  executive  is  elected  by 
the  people  and  he  is  most 
generally  known  by  the 
title  of  Mayor.  Other  ad- 
ministrative officers  are 
elected  at  the  same  time, 
the  number  varying  in 
different  cities.  A  local 
legislature  is  chosen,  of 
which  the  most  familiar 
title  is  the  Common  Coun- 
cil or  the  Board  of  Alder- 
men. Judicial  officers  are 
also  selected,  either  by  ap- 
pointment or  at  the  polls, 
for  the  administration  of 
civil  and  criminal  justice 
within  local  limits. 

Roughly  speaking,  this 
form  of  city  government, 
a  widely  prevalent  one,  is 
a  reproduction   in  minia- 


heads 
of  debartmenlj 
ond,  through 
them,  all 
subordinate 
officials. 


ture  of  the  government  at 
Washington  or  at  the 
State  capital.  Usually, 
however,     the      Common 


The  Mayor-and-Aldermen 

System 

This  diagram  is  an  outline  of  the  oper- 
ation of  city  cliarters  under  which 
the  government  is  administered  by  a 
Mayor,  and  the  Board  of  Aldermen,  or 
Common  Council,  is  elected  by  city 
wards.  The  group  charier  for  the 
second-class  cities  of  New  York  State, 
referred  to  in  the  text,  is  a  good 
example  of  this  system.  Under  it  the 
President  of  the  Board  of  Aldermen, 
the  City  Comptroller  (or  Auditor)  and 
the  City  Treasurer  are  elected  by  the 
people. 


268  New  Era  Civics 

Council  comprises  only  one  branch,  though  there  are 
some  instances  of  a  two-chambered  Council.  The  admin- 
istrative officers  are  chosen  on  a  general  city  ticket,  while 
the  Aldermen,  to  carry  out  the  representative  idea,  are 
selected  by  the  voters  in  the  several  wards.  In  the  aver- 
age city  of  this  class,  an  Alderman,  therefore,  may  be 
called  a  neighborhood  representative,  and,  in  fact,  he  is 
usually  on  terms  of  personal  acquaintance  with  a  con- 
siderable number  of  his  constituents. 

In  the  old  days,  the  Aldermen  in  most  American  cities 
exercised  controlling  power,  especially  where  they  were 
dominated  by  a  party  or  group  strong  enough  to  override 
the  vetoes  of  the  Mayor.  They  not  only  planned  the  city 
budgets  and  made  many  of  the  appointments  to  office, 
but  they  had  the  right  to  grant  franchises  to  street  rail- 
way, lighting  and  other  corporations.  In  the  award  of 
franchises  they  encountered  no  formidable  opposition, 
because  the  pu1)lic  w^as  eager  for  corporate  service  and 
gave  little  heed  to  the  terms  on  which  it  was  secured. 
Aldermen,  or  Councilmen,  who  Avere  willing  to  serve  as 
tools  for  unscrupulous  bidders  for  franchises  were  thus 
in  clover.  The  thirty  years  between  1870  and  1900 
covered  an  era  of  rich  harvests  for  franchise-seekers.  But 
in  the  light  of  later  events  clear-sighted  reformers  appre- 
ciated better  the  disadvantages  and  dangers  that  arose 
from  the  placing  of  unlimited  power  in  aldermanic  bodies. 
To  make  the  matter  worse,  an  unworthy  Alderman  who 
happened  to  be  popular  in  his  ward  was  pretty  sure  of 
continued  re-election,  and  the  voters  of  the  city  at  large 
had  no  chance  to  pass  judgment  on  his  record. 

NEW  MUNICIPAL  METHODS 

9.  An  Era  of  Change. — The  late  nineties  marked  the 
dawn    of    a    better    system    in    many    American    cities. 


City,  County,  Town  and  Village         269 

Reforms  were  introduced  into  municipal  government  by 
which  the  powers  previously  exercised  by  Common  Coun- 
cils were  either  abolished  or  subjected  to  wise  restraints. 
There  was,  in  fact,  about  this  time,  a  general  over- 
hauling and  revision  of  city  charters,  with  the  object  of 
strengthening  the  grip  of  the  people  upon  their  municipal 
affairs.  The  government  of  each  city  is  determined  by 
its  charter.  A  charter  is  an  act  of  the  Legislature  pre- 
scribing the  form  of  government  for  some  particular 
city  or  group  of  cities. 

In  the  nineties  a  wave  of  municipal  reform  swept  the 
country.  One  of  its  practical  consequences  was  the 
adoption  of  many  city  charters  in  which  the  power  of 
the  Mayor  was  strengthened  at  the  expense  of  the  legis- 
lative branch,  the  Board  of  Aldermen.  An  influence 
which  had  much  to  do  with  popularizing  this  reform  was 
the  creation  of  the  Greater  City  of  New  York  in  1897. 
It  received  a  charter  wdiich  clothed  the  Mayor  with  large 
authorit}'.  It  lodged  in  him  and  also  in  boards  or  com- 
missions important  powers  that  had  been  exercised  by 
the  Aldermen  of  the  cities  of  New  York,  Brooklyn 
and  Long  Island  City.  By  far  the  most  powerful  of  these 
municipal  bodies  was  the  Board  of  Estimate,  made  up 
entirely  of  officials  elected  by  the  people  of  the  entire 
city  or  of  its  boroughs.  The  greatest  responsibility  con- 
fided to  this  body  was  the  framing  of  the  heavy  munic- 
ipal budget.  The  Board  of  Estimate  was  composed  of  the 
Mayor,  the  President  of  the  Board  of  Aldermen  and  the 
Comptroller,  all  elected  on  a  general  city  ticket,  together 
with  the  respective  Presidents  of  the  five  city  boroughs, 
also  elected.  This  New  York  charter  of  1897  illustrated 
the  tendency  to  increase  the  power  of  city  executives 
and  thus  to  centralize  local  government  in  a  few  hands. 
The  same  rule  was  followed  in  other  cities. 


270  New  Era  Civics 

10.  An  Instance  of  Group  Charters. — Scarcely  any 
two  cities  of  importance  have  exactly  the  same  machinery 
or  methods  of  government.  Bnt  the  principle  of  con- 
centration of  power  observed  in  the  Greater  New  York 
charter  has  gained  steadily  in  public  favor.  New  York 
State  also  adopted  the  plan  of  grouping  city  charters  in 
classes. 

A  good  example  of  this  grouping  of  charters  is  fur- 
nished by  the  second-class  cities  of  New  York,  those 
having  a  population  between  50,000  and  175,000.  Their 
charters  are  alike  in  most  features.  The  elective  officers 
in  each  are  the  Mayor,  President  of  the  Board  of  Alder- 
men, Comptroller,  City  Treasurer  and  Assessors ;  and 
the  commissioners  in  charge  of  Public  Safety  and  Public 
Works  as  well  as  the  City  Engineer  are  made  appointive. 
In  each  city  there  is  a  Board  of  Estimate  and  also  a 
Board  of  Contract  and  Supply.  These  boards  are  com- 
posed partly  of  elective  and  partly  of  appointive  officials. 
The  Mayor  makes  the  appointments.  He  exercises  a 
decisive  control  in  the  making  of  budgets  and  of  contracts 
and  in  city  finance  in  general.  He  has  much  to  do  with 
granting  franchises,  which  must  be  approved  by  the 
Board  of  Estimate.  Under  this  charter,  which  is  here 
emphasized  as  a  t}pe,  the  power  of  the  Common  Council 
is  much  restricted.  It  is  largely  confined  to  the  purely 
legislative  duty  of  adopting  city  ordinances  or  local 
laws. 

11.  School  Administration  and  Finance. — In  the  mat- 
ter of  school  administration  there  is  a  great  variety 
of  city  systems.  School  commissioners  charged  with 
this  duty  are  very  common.  In  some  cities  they  are 
elected  by  the  people,  and  in  others  they  are  appointive 
officials,  while  in  still  others  a  single  commissioner, 
either  elective  or  appointive,  administers  school  affairs. 


City,  County,  Town  and  Village         271 

There  are  also  marked  differences  in  the  methods  of 
providing  funds  by  taxation  for  the  support  of  the 
schools.  In  some  cities,  as  well  as  in  numerous  towns, 
the  revenue  for  this  purpose  is  raised  separately  by  a 
special  school  tax.  In  other  cities  the  appropriations  for 
education  are  a  part  of  the  general  municipal  budget. 

A  POPULAR  REFORM 

12.  City  Government  by  Commission. — It  is  desir- 
able to  direct  attention  to  a  new^  form  of  city  govern- 
ment, known  as  commission  government,  which  has  made 
rapid  headway  in  public  favor  since  the  beginning  of  the 
twentieth  century.  The  new  scheme  was  the  immediate 
result  of  a  disaster  that  horrified  the  wdiole  world.  On 
September  8,  1900,  the  waters  of  the  Gulf  of  Mexico, 
driven  by  a  violent  tropical  hurricane,  swept  over  the 
city  of  Galveston,  Texas,  and  wrought  fearful  havoc. 
A  large  part  of  the  city,  including  many  public  buildings, 
was  demolished  and  several  thousand  lives  were  lost. 
The  old  government  of  Galveston,  composed  of  a  Mayor 
and  twelve  Aldermen,  was  paralyzed  by  the  calamity. 
What  was  left  of  the  city  was  plunged  into  distress.  In 
this  dreadful  crisis  leading  citizens  met  and  appointed  a 
provisional  committee  to  take  charge  of  public  affairs 
and  also  to  draft  a  temporary  charter. 

Under  this  charter  the  government  of  Galveston  was 
intrusted  to  a  picked  commission  of  citizens.  The  plan 
was  suggested,  it  is  said,  by  the  system  under  which  the 
affairs  of  Washington  are  administered  by  Congress,  and 
by  the  good  work  of  a  commission  which  had  served  in 
Memphis  during  the  yellow  fever  epidemic  of  1879.  The 
new  Galveston  charter  was  submitted  to  the  Texas  Legis- 
lature, which  promptly  authorized  the  afflicted  city  to 
put  it  into  force.    Two  of  the  commissioners  were  elected 


272 


New  Era  Civics 


by  the  people  and  three  others  appointed  by  the  Gover- 
nor. Later  the  whole  live  commissioners  were  made 
elective. 

Such  was  the  tragic  origin  of  city  government  by 
commission.  In  Galveston  it  brought  order  out  of  chaos, 
and  other  communities  were  soon  impressed  by  its  merits. 
In  1904,  Houston,  Texas,  voted  to  install  a  similar  sys- 
tem and  three  years  later 
Des  Moines  obtained  a 
charter  which  carried  the 
commission  plan  to  an  ad- 
vanced stage  of  develop- 
ment. 

13.  Features  of  the 
New  Plan. — One  of  the 
leading  features  of  mu- 
nicipal government  by 
commission  is  that  it  per- 
mits, if  a  city  so  desires, 
the  elimination  of  the 
Board  of  Aldermen.  It 
may  be  likened  to  the  ad- 
ministration of  the  affairs 
of  a  private  corporation — 
as,  for  example,  of  a  bank. 
Usually,   the   government 


— 1he  feople 


i 

elecl 
on  a 
general  oty 
ticket 


A  Commission 

or 

Council 

of 

several  members 

who 

Obboin^  and  coniixl 

I  he 


—  heads  of 
deborlments 

andj 
through  them, 
ih«   minor  city 
official^- 


Here,  as  the  diagram  shows,  the  peo- 
ple elect  a  commission  (generally  of 
five  members)  which  exercises  all  the 
powers  formerly  intrusted  to  the 
Mayor  and   Board  of  Aldermen. 


Commission  Government 

of  the  city  in  which  the 
plan  is  adopted  is  in- 
trusted to  a  commission 
of  five,  elected  by  all  the 
people,  and  having  virtually  equal  powers.  To  each  of 
the  commissioners  the  direction  of  an  important  city 
department  is  assigned,  and  all  of  them,  acting  in  con- 
cert and  with  frequent  conferences,  constitute  a  municipal 


City,  County,  Town  and  Village         273 

council,  or  board  of  trustees,  whose  functions  suggest 
those  of  the  directors  of  an  ordinary  business  corpora- 
tion. 

Under  some  systems  of  this  kind,  one  of  the  commis- 
sioners is  elected  chairman  by  the  people  and  bears  the 
title  of  Mayor.  Owing  to  the  existence  of  the  municipal 
commission,  which  makes  laws  and  ordinances  for  the 
city,  the  Board  of  Aldermen  is  dispensed  with.  All  the 
minor  officials  of  the  city  government  are  subject  to 
the  authority  of  the  commission,  which  takes  the  place  of 
the  elective  officers,  including  the  Mayor  and  Common 
Council,  who  served  under  the  old  system. 

One  argument  for  the  reform  is  that,  because  of  the 
fact  that  several  commissioners  are  voted  for  on  a  general 
city  ticket,  it  tends  to  discourage  stiff  partisanship  in 
the  choice  of  municipal  administrations. 

The  adoption  of  the  plan  of  government  by  commis- 
sion usually  follows  a  local  referendum,  or  vote  of  the 
people,  calling  for  a  charter  of  that  kind,  and  by  a  special 
legislative  enactment  granting  the  request.  Most  of  the 
cities  of  this  class  are  located  in  the  West  and  South.  In 
the  East  the  lead  was  taken  by  New  Jersey  in  a  similar 
direction  by  passing  a  law  which  authorizes  her  cities 
at  any  time  to  establish  the  new  system  of  their  own 
accord,  when  a  majority  of  their  people  so  decide. 

In  the  twenty  years  after  Galveston  first  adopted  the 
new  plan,  government  by  commission,  in  one  form  or 
another,  was  introduced  in  nearly  five  hundred  American 
cities. 

14.  The  City  Manager. — Many  of  the  cities  in  this 
large  group  have  varied  the  original  plan  of  commis- 
sion government  in  an  interesting  and  ingenious  way. 
This  was  done  by  bringing  into  existence  a  new  and 
important  official  called  the  city  manager.     As  far  back 


274 


New  Era  Civics 


as  1908  the  municipal  officials  of  Staunton,  Va.,  hired 
an  experienced  man  to  take  general  charge  of  the  city's 
business  affairs.  This  general  manager,  as  he  was  known, 
gave  satisfaction,  and  he  was  the  forerunner  of  the  city 
managers  now  directing  public  business  in  a  considerable 
number  of  American  communities.  In  1914  Dayton, 
Ohio,  gained   the   distinction   of  being  the   first   city  of 

more  than   100,000  popu- 


lation to  put  the  city- 
manager  scheme  in  force. 
In  November,  1921,  Cleve- 
land, one  of  the  five  most 
populous  American  cities, 
voted  for  a  city-manager 
charter. 

Under  the  city-man- 
ager plan  the  elective 
commission,  generally  of 
five  members,  is  desig- 
nated usually  as  "the 
council."  Its  members 
receive  moderate  salaries, 
or  none  at  all ;  and,  as  a 
rule,  they  are  not  ex- 
pected to  give  their  whole 
time  to  their  duties.  They 
pass  ordinances,  supervise 
the  city's  business  and  are 
held  responsible,  by  the 
people,  who  elect  them, 
for  the  administration  of  public  affairs.  But  their  most 
serious  duty  is  to  appoint  a  city  manager,  who,  as  his 
title  indicates,  becomes  the  chief  executive  manager  of 
the  city's  concerns. 


— The  Tfeoble 

1 

elect 

on  anon-(Dartt5Qn 

ballot 

—  a  Council  of 

bobular  rebrcsenlotivci 

who 

hire,  subervise  and 

control  with  riciM  to  remove 

— a  City  rflanaqer 

Q  well  paid,  full  time 

non-boliliLal  centrol 
executive 

ahbomtj   Juper- 

vise*  removes 
i 

(he  heads  o( 

all  clebartmenis 
who 

in  turn  control 

-=r — lilt  rank  and 
--'file  of  Itie 
administrotion 


The  City-Manager  Plan 

A  later  variation  of  city  government 
by  commission.  The  first  populous 
city  to  adopt  it  was  Dayton,  Ohio. 
The  above  diagram  was  prepared  by 
the  National  Municipal  League. 


City,  County,  Town  and  Village         275 

This  manager  is  necessarily  intrusted  with  large 
powers.  Pie  can  be  removed  at  will  by  the  council.  He 
himself  appoints  all  the  other  officials  and  employes  of 
the  city  government ;  they  are  at  his  command,  and  he 
can  remove  any  of  them  for  causes  permitted  under  the 
Civil  Service  laws.  In  most  of  the  cities  trying  this  plan 
the  rule  of  the  council  has  been  to  select  as  city  manager 
a  man  of  experience  and  proved  capacity  in  municipal 
affairs.  His  salary  is  generally  much  higher  than  that 
paid  to  any  officer  in  the  same  class  of  cities  under  the 
older  system. 

The  advantage  claimed  for  this  scheme  of  local  gov- 
ernment is  that  it  encourages  the  efficient  transaction  of 
municipal  business  and  tends  to  separate  community 
affairs  from  partisan  politics. 

15.  City  Courts. — In  all  of  the  cities,  no  matter  what 
forms  their  charters  may  take,  police  courts  are  main- 
tained for  the  trial  of  law-breakers  whose  crimes  are  not 
serious  enough  for  attention  from  the  courts  of  record. 
In  good-sized  cities  there  are  also  municipal  courts  for 
the  hearing  and  disposition  of  civil  actions  involving 
moderate  sums. 

Though  the  cities  are  created  by  the  State  and  are 
therefore  subject  to  the  control  of  State  Legislatures, 
there  has  been  a  tendency  to  concede  to  them  an  increas- 
ing measure  of  independence  in  the  management  of  their 
affairs.  Home  Rule  for  cities  has  always  been  a  popular 
slogan,  and  State  Legislatures  have  revealed  a  growing 
disposition  to  recognize  the  demand  for  it. 

IN  VILLAGE  AND  COUNTY 

16,  Village  Government. — The  great  rural  or  semi- 
rural  population  of  the  United  States  is  subject  to  town 
or  village  government,  and  in  common  with  the  cities 


276  New  Era  Civics 

they  have  another  political  interest  in  the  shape  of  county 
government.  The  people  of  the  towns  and  villages  like 
those  of  the  cities,  have  their  local  problems.  Their 
concern  in  fire  and  health  protection,  in  the  preservation 
of  the  public  peace,  in  the  care  of  roads  and  bridges,  in 
suitable  educational  facilities  and  in  other  provisions  for 
capacity  and  convenience  does  not  differ  in  any  material 
sense  from  that  which  leads  city  people  to  maintain  ex- 
pensive municipal  establishments. 

The  towns  have  their  administrative  officers,  their 
clerks,  treasurers,  overseers  of  the  poor  and  school 
trustees.  The  village  has  its  Mayor  or  President  and 
its  administrative  council  or  board  of  trustees.  Natur- 
ally enough,  there  is  more  similarity  in  government 
methods  in  the  towns  and  villages  than  in  the  more 
thickly  populated  cities,  which  range  in  size  from  com- 
munities of  three  or  four  thousand  inhabitants  up  to  the 
imperial  metropolis.  The  changes  in  the  government  of 
rural  communities,  therefore,  call  for  no  special  attention. 
Only  in  one  respect  has  it  undergone  a  marked  altera- 
tion, and  that  is  in  the  precautions  for  the  safeguarding 
of  public  health,  in  which  all  of  the  progressive  States 
have  rendered  valuable  aid  by  the  enactment  of  general 
health  laws  and  the  extension  of  the  authority  of  State 
boards  of  health. 

17.  County  Affairs. — The  counties  of  the  older  States 
are  venerable  institutions,  and  in  the  newer  States  the 
prevailing  rule  has  been  to  copy  their  time-honored  forms 
of  government.  Many  of  the  counties  of  the  country 
include  no  cities,  and  the  administration  of  all  of  them 
is  simple  compared  with  the  immense  varieties  of  political 
systems  we  find  in  the  city  communities. 

The  county  is  nearly  always  an  original  constitu- 
tional division  of  the  State,  and  in  that  capacity  it  is 


City,  County,  Town  and  Village         277 

used  as  a  basis  for  the  apportionment  of  districts  for 
the  election  of  members  of  Congress  and  of  the  Legis- 
lature. The  great  majority  of  the  Congressional  districts 
are  made  by  the  grouping  of  counties.  The  members 
of  State  Legislatures  are  chosen  from  single  counties, 
from  the  divisions  of  counties  or  from  combinations  of 
counties.  This  is  determined  by  the  varying  sizes  of  the 
counties  thus  represented. 

The  county  serves  an  even  more  serious  and  dignified 
purpose  as  a  local  district  for  the  administration  and 
execution  of  justice.  It  is  the  field  of  operation  and 
authority  for  the  holders  of  two  offices  that  have  come 
down  to  us  through  centuries  of  common  law — the  Sheriff 
and  the  Coroner.  These,  with  the  prosecuting  attorney 
serve  the  whole  county,  no  matter  how  it  may  be  divided 
as  between  cities,  villages  and  rural  settlements.  It  is  the 
county  that  elects  them  and  maintains  the  courts  whose 
orders  the  Sheriff  executes. 

The  administrative  features  of  a  county  are  so  planned 
that  it  can  perform  certain  services  which  affect  alike  the 
city  or  cities  and  the  towns  and  villages  within  its  bound- 
aries. Good  examples  of  these  services  are  the  con- 
struction of  country  roads  and  the  building  and  main- 
tenance of  court  houses,  penitentiaries  arid  county  homes 
for  the  poor.  County  government,  as  a  rule,  differs  from 
the  city  government,  in  the  respect  that  it  has  no  elec- 
tive executive.  The  governing  body  is  generally  known 
as  the  Board  of  Supervisors  or  County  Commissioners. 
In  size,  the  board  varies  from  three  or  five  members  to 
forty  or  more.  In  not  a  few  States  every  town  elects 
a  county  Supervisor,  and  here  the  legislative  body  is 
unwieldy ;  but  the  system  is  preserved  owing  to  the 
unwillingness  of  the  towns  to  lose  their  proportional 
influence. 


278  New  Era  Civics 

The  business  officers  of  the  county  include  a  County 
Clerk  and  Treasurer,  and  occasionally  an  auditor,  cor- 
responding to  the  city  comptroller.  The  counties  have 
their  local  courts,  including  probate  or  surrogate  courts, 
and  the  presiding  judges  of  these  are  usually  elective. 
The  cost  of  conducting  county  government  is  levied  on 
real  property  for  the  most  part.  The  cities  within 
counties  have  to  bear  their  relative  share  of  county  ex- 
penses in  addition  to  their  o.wn  tax  levies.  But  the  total 
falls  short  of  the  expense  of  city  maintenance.  In  one 
other  respect,  the  counties  have  had  an  advantage.  Their 
system  of  government  in  the  past  may  be  called  sta- 
tionary compared  with  that  of  the  cities.  They  have  thus 
been  spared  the  agitations  for  charter  revision  which 
have  occupied  many  a  chapter  in  the  histor}^  of  our  cities 
during  the  era  of  rapid  growth. 

The  dates  for  holding  city  and  village  local  elections 
are  almost  as  varied  as  their  methods  of  government. 
Spring  as  well  as  autumn  elections  of  local  officers  are 
in  vogue,  but  nearly  all  autumn  elections  of  this  class 
are  held  in  the  odd  years,  thus  separating  them  from  the 
Presidential  and  Congressional  elections,  which  in- 
variably fall  in  even  years,  as  do  the  State  elections 
with  rare  exceptions. 

Question  Guide  to  Chapter  XVI 

1.  What  is  a  noticeable  peculiarity  regarding  Presidential  elec- 
tions as  compared  to  local  elections?  What  is  one  cause  of  this 
diflference?  Which  election  has  the  most  direct  influence  over  our 
home  interests? 

2.  What  relation  do  cities  bear  to  the  States  in  which  they  are 
located?     What  are  the  main  objects  of  city  government? 

3.  What  has  been  said  of  our  city  governments  as  contrasted 
with   those   of   Europe?      Why   are   we   better   qualified   to   vote   on 


City,  County,  Town  and  Village         279 

local  questions  than  on  State  or  national  ?  To  what  is  our  city 
government  often  compared?  How  does  it  differ  from  private 
enterprises?    . 

4.  How  does  partisanship  figure  in  local  contests? 

5.  In  what  way  has  the  organization  of  our  police  and  fire 
departments  changed?  Why  is  it  better  to  place  each  department 
under  a  single  executive?  What  great  benefits  are  derived  from 
our  present  S5'stem  of  health  administration?  How  is  this  system 
strengthened,  encouraged  and  aided?  What  is  one  of  the  largest 
and  most  difficult  problems  for  a  city  to  solve?  When  the  source 
of  water  supply  makes  large  financial  demands  on  a  city,  how  are 
they  met?  What  executive  authority  generally  directs  tlie  water 
service?  The  source  and  quality  of  the  water  come  under  the 
supervision  of  what  official  authority? 

6.  What  are  known  as  the  public  works  of  a  city?  What  are 
public  utilities?  By  what  means  is  such  service  generally  furnished? 
How  do  corporations  acquire  the  privilege  of  operating?  What  are 
such  corporations  called? 

7.  How  does  the  individual  share  of  city  taxation  compare  with 
that  of  State  and  national  taxation?  Give  an  illustration.  How  is 
it  explained?  What  is  the  city's  main  source  of  revenue?  Name 
other  sources.  In  the  event  of  large  and  unusual  expenditures,  what 
method  is  followed? 

8.  In  what  way  does  the  city  government  resemble  Federal  and 
State  government?  What  are  the  executive  officer  and  legislative 
body  called  in  many  cities?  How  are  the  administrative  officers  in 
such  cities  chosen?  How  are  Aldermen  elected?  Tell  something 
of  the  old  system  and  the  power  invested  in  the  Aldermen?  How 
was  this  power  abused? 

9.  In  what  period  was  this  system  widely  reformed?  What  is 
a  city  charter?  For  what  purpose  is  the  charter  enacted?  Give  an 
example  of  charter  reform  that  had  far-reaching  influence.  Name 
the  most  powerful  municipal  body  under  the  New  York  city  charter 
and  tell  how  it  is  created.  What  important  responsibility  is  confided 
to  this  body? 

10.  Give  an  illustration  of  the  plan  of  grouping  city  charters 
as  tried  in  New  York  State.  Name  the  elective  and  the  appointive 
cfifices. 

11.  Name  some  varieties  of  school  administration  in  cities. 

12.  Tell    something   of    the   origin   of    commission   government 

for  cities. 
19 


280  New  Era  Civics 

13.  Explain  features  of  commission  government.  How  many 
members  usually  constitute  such  a  commission?  What  are  their 
several  functions?  How  are  they  elected?  How  is  this  system 
said  to  affect  party  contests?  What  is  necessary  to  put  this  form 
of  government  in  control?  Where  is  this  system  principally  iti 
force?     What  Eastern  State  has  taken  a  lead  in  encouraging  it? 

14.  Tell  something  about  the  plan  of  city  government  known 
as  the  city-manager  plan.  Name  two  cities  of  size  which  have 
adopted  it.  What  elective  body  appoints  the  city  manager?  Give 
some  idea  of  his  powers.  What  advantage  is  claimed  for  this 
system  ? 

15.  What  local  courts  are  found  in  all  cities?  W^hat  progressive 
tendency  is  revealed  in  city  government? 

16.  Name  some  administrative  offices  of  towns  and  of  villages. 
In  what  respect  have  rural  communities  made  marked  progress? 

17.  Tell  something  about  the  county  as  a  political  institution. 
What  purpose  does  it  serve  in  legislative  apportionments  ?  W'hat 
part  does  the  county  play  in  the  administration  of  law?  W'hat 
ancient  offices  are  still  filled  in  the  counties  ?  How  are  countieo 
governed  as  a  rule?  How  is  the  cost  of  county  government  generally 
assessed  ? 

Test  Questions  and  Hints 

1.  Is  your  city  administered  by  a  Mayor  and  Common  Council, 
or  Board  of  Aldermen?  If  not,  has  it  the  commission  form  of 
government?  If  its  government  is  of  still  another  type,  briefly 
describe  it. 

2.  Name  the  principal  officers  of  your  municipality.  Which  of 
them  are  elected  by  the  people,  and  which  are  appointed?  When 
is  your  city  election  held? 

3.  Are  the  school  affairs  of  your  city  directed  by  a  single  com- 
missioner or  by  a  board  of  commissioners?  If  by  a  single  com- 
missioner, how  is  he  chosen?  If  by  a  board,  how  are  its  members 
chosen? 

4.  Give  the  number  of  parks  and  schoolhouses  in  your  city. 
How  large  is  its  police  force  and  fire  department?  Where  is  its 
water  supply  located,  and  what  official  or  board  has  charge  of  it? 
How  large  was  the  latest  tax  budget  for  the  support  of  your  city? 

5.  If  you  are  a  resident  of  a  village,  name  its  officers.  When 
are  they  elected?     Which   of  your  village  officers  are  elected  and 


City,  County,  Town  and  Village         281 

which  appointed?     If   you   live   outside   of   a  village   or   city,   who 
are  the  officers  of  your  town,  and  how  and  when  are  they  chosen? 

6.  Who  is  the  Sheriff  of  your  county?  What  is  his  term  of 
office  and  when  is  he  elected  ? 

7.  What  is  the  board  or  commission  called  which  has  charge 
of  the  affairs  of  your  county?  How  many  members  are  in  such  board 
or  commission  and  when  are  they  chosen?  If  your  town  or  ward 
has  a  county  supervisor,  name  him.  What  are  the  principal  officers 
of  your  county  and  how  elected? 

8.  What  are  the  local  courts  of  your  city,  town  or  village  and 
county?     Name  the  judicial  officers  sitting  in  such  local  courts. 


CHAPTER  XVII 

THE    CITY— ITS    SAFETY,    HEALTH    AND    CHARITY 

/  believe  that  a  man  should  he  proud  of  the  city  in  ivhich 
he  lives,  and  that  he  should  so  live  that  liis  city  will  be  proud 
he  lives  in  it. — Abraham  Lincoln. 

1.  The  Study  of  Municipal  Affairs.^After  having 
examined  tlie  systems  of  municipal,  or  city,  government, 
and  seen  how  they  differ  in  various  communities,  it  is 
next  in  order  to  observe  more  closely  the  details  of  city 
administration  as  it  affects  the  citizen  and  as  it,  in  turn, 
is  affected  by  the  efforts  of  good  citizens  to  improve  it, 
in  every  branch.  Remembering  that  the  city  is  but  our 
larger  home,  and  that  the  city's  business  is  therefore  a 
family  concern,  students  can  readily  perceive  that  this 
is  the  field  in  which  they  can  use  to  the  best  advantage 
the  knowledge  they  acquire  of  public  affairs,  their  powers 
of  observation  and  their  sense  of  responsibility  as  com- 
ing citizens. 

A  city  administration  is  as  efficient  and  progressive 
as  the  majority  of  its  people  choose  to  make  it.  Public 
sentiment  determines  its  standard,  sooner  or  later,  and 
the  voting  booth  is  simply  an  agency  for  making  that 
influence  felt.  The  students  of  today  are  coming  voters. 
To  the  extent  that  they  prepare  themselves  for  good 
citizenship  by  studying  the  operations  of  the  govern- 
ment nearest  to  their  vision — the  government  of  the 
city — will  they  be  able  to  contribute  to  the  sound  public 

282 


City  Safety,  Health  and  Charity         283 

opinion  without  which  no  local  community  can  realize  its 
best  ideals. 

2.  The  Municipal  Arch. — We  have  seen  that  the 
well  conducted  city  government  has  three  general  aims — 
security,  utility  and  attractiveness.  Under  the  head  of 
security  comes  everything  relating  to  the  safety  and 
health  of  the  people  and  to  the  protection  of  their 
property.     Utility  covers  every  form  of  service  that  pro- 


The  AIunicipal  Arch 

A  solid   structure  illustrating  city  government   and   service.     The  foundation 

stones  of  the  arch  represent  community  safety  and  health,  and  the  keystone 

is  official   honesty   and   efficiency. 

motes  the  poHtical  and  social  welfare  of  the  citizens  and 
their  daily  convenience.  Familiar  examples  are  public 
education ;  the  care  of  the  sick  and  the  poor ;  the  super- 
vision of  transportation  and  lighting;  the  management  of 
the  city's  ordinary  affairs  and  activities ;  the  collection  of 
taxes,  and  the  direction  of  public  works.  Under  the 
third  head,  attractiveness,  must  be  included  every  policy 
or  measure  adopted  to  make  the  city  a  desirable  place 
of  residence  and  pleasant  to  the  eye,  and  to  guide  its 
future  growth  in  the  right  way. 


284 


New  Era  Civics 


Underwood  &  Underwood. 

Soldiers  of  Peace 

Three    city    protectors    at    a    perilous 
task  on   a   burning  roof. 


If  the  principal  agen- 
cies   and    objects    of    city 
government    are    likened 
to  building  stones,  we  can 
fashion  them  into  an  arch, 
of    which     public     safety 
and  public  health  are  the 
foundations.       The     pre- 
ceding illustration  shows 
the  structural  grouping  at 
a   glance.      The   keystone 
is  called  "honest,  efficient 
administration,"     because 
the    usefulness    of    every 
municipal  system  depends 

so  much  upon  the  character  of  the  officials  we  choose  on 

each  local  election  day  to  administer  it  for  our  benefit. 
3.     The  City's  Uniformed  Guardians. — The  first  need 

of  every  city  is  protection 

against 


crime  and  dis- 
order, and  against  fire 
and  all  other  accidental 
dangers  or  visitations  to 
which  the  citizens  of  the 
community  may  be  ex- 
posed. It  is  to  supply 
this  protection  that  our 
police  and  fire  depart- 
ments are  maintained,  and 
our  municipal  laws  and 
ordinances  are  adopted 
and  enforced.  Every 
American  city  without 
exception    has    its    police 


Brown  Bros. 

Useful  Hints  for  a  Civics  Class 

A  fireman  teaches  how  to  operate  the 
fire   alarm   box. 


City  Safety,  Health  and  Charity         285 


servants  to  guard  the  lives  and  property  of  its  people. 
Every  American  city  w^orthy  of  the  name  has  its 
trained  force  of  fire  fighters,  always  ready  and  alert 
when  the  electric  signal  is  given  to  hurry  to  the  scene 
of  an  incipient  fire  or  more 
serious  conflagration. 

The  observant  student 
is  familiar  with  the  ordi- 
nary work  of  the  fireman 
and  the  police.  Yet  it  is 
the  duty  of  the  class  in 
civics  to  get  at  the  roots 
of  things.  Many  students 
and,  indeed,  many  of  their 
elders  have  much  to  learn 
about  the  latest  appli- 
ances with  which  science 
and  invention  have  armed 
our  firemen  in  their  con- 
stant warfare  against  the 
flames.  This,  therefore, 
is  a  useful  item  of  inquiry 
for  civics  classes,  but  it 
is  only  one  of  many  items 
that  confront  the  student  who  is  eager  to  be  well  in- 
formed about  the  various  functions  of  city  government. 

4.  The  Problem  of  Street  Traffic. — An  important 
duty  of  the  police  is  to  make  the  streets  as  safe  as  pos- 
sible for  the  public.  The  task  was  an  easy  one  in  the 
days  when  horse-drawn  vehicles  were  the  only  kind 
seen  on  the  pavements.  Later  the  trolley  car  called  for 
strict  municipal  regulations  for  the  protection  of  pedes- 
trians, especially  of  children.  Still  later  the  jDopular 
use  of  the  bicycle  furnished  a  new  object  of  police  atten- 


Biowu  Bros. 

For  Fire  Prevention 

Students  from  the  civics  class  putting 
their  lessons  to  practical  use  by  gather- 
ing up  papers  and  other  inflammable 
rubbish,   to   lessen   the   danger  of   fire. 


286 


New  Era  Civics 


tion.  But  the  problem  of  street  traffic  arising  from  these 
agencies  was  light  and  simple  compared  with  the  con- 
ditions created  in  every  city  by  the  great  popularity  of 
the  automol^ile  as  a  pleasure  vehicle,  and  by  the  multipli- 
cation of  motor-trucks  of 
almost  endless  types  for 
the  more  serious  purposes 
of  transportation.  The 
danger  of  accidents  from 
these  sources  is  always 
present.  It  has  made 
necessary  the  adoption  of 
stringent  municipal  ordi- 
nances, strengthened  by 
State  laws. 

Every  well  managed 
city  now  has  its  traffic 
squad  of  police  to  guard 
its  busy  corners  and  to  protect  alike  pedestrians  and  the 
drivers  and  occupants  of  motor  vehicles.  One  of  the 
most  serious  responsibilities  of  cities  is  to  keep  down  to 
the  lowest  possible  limit  the  number  of  accidents  due  to 
automobile  traffic.  Constant  vigilance  is  the  price  of 
safety  in  this  department  of  city  service.  The  traffic 
squads  alone  are  not  numerous  enough  to  watch  every 
danger  point,  and  the  problem  has  therefore  received  the 
attention  of  public-spirited  bodies  of  citizens  who  have 
enlisted  under  the  banner  of  "Safety  First." 

Street  dangers  are  not  the  only  problem  occasioned 
by  the  automobile.  The  question  of  relieving  the  traffic 
congestion  in  the  principal  business  thoroughfares  is 
alwavs  a  difficult  one ;  and  so  is  the  question  of  pro- 
viding parking  space  for  the  hundreds  or  thousands  of 
motor  cars  during  the  business  hours.     Problems  of  this 


JJiuuii  Dros. 

A  Watchful  Escort 

In   the  automobile  age   the   traffic  offi- 
cers   are    a    more    and    more    valuable 
part  of  every   city  police   force. 


City  Safety,  Health  and  Charity         287 

kind  are  likely  to  become  more  and  more  trying.  Each 
city  has  side  streets  suitable  for  parking  purposes,  and 
convenient  to  the  common  centers,  but  their  advantages 
are   sometimes   overlooked. 

DEFENSES  AGAINST  DISEASE 

5.  The  HeaUh  of  the  City. — No  department  of  com- 
munity civics  is  more  important  in  itself,  or  better  de- 
serving of  the  student's  earnest  attention  than  that  which 
deals  with  the  public  health  and  the  modern  methods 
and  precautions  for  safeguarding  it. 

It  has  been  said  that  "within  natural  limitations  a 
city  can  determine  its  own  death  rate."  This  truth  has 
been  demonstrated  beyond  question  on  the  greatest  of 
all  our  municipal  stages — the  city  of  New  York.  The 
metropolis  now  stands  in  the  front  rank  of  cities  in  the 
lowness  of  its  death  rate.  Thirty  years  ago  it  could 
present  no  such  honorable  claim.  Its  housing  condi- 
tions, made  worse  by  the  monthl}^  arrival  of  thousands 
of  immigrants,  were  then  a  reproach  and  a  peril.  Its 
ratio  of  infant  deaths  in  periods  of  oppressive  sum- 
mer heat  excited  the  horror  and  pity  of  the  entire  coun- 
try. Since  that  time  it  has  made  wonderful  progress  in 
the  right  direction.  By  the  enactment  of  wise  laws  and 
ordinances,  through  the  services  of  efficient  health  de- 
partments, by  the  bounty  of  noble  philanthropists, 
through  the  rapid  advance  of  sanitary  science,  and  by 
the  earnest  labors  of  many  civic  associations,  the  teeming 
city  has  struggled  to  a  new  life.  Its  diminished  mortality 
rate  is  the  fortunate  result. 

In  the  twenty  years'  interval  from  1897  to  1917  the 
New  York  death  rate  for  children  under  five  years  of 
age  was  cut  down  from  67  to  29  per  1,000.  In  1868  about 
28  per   1,000  of  the  whole   population  died  in   the   me- 


288 


New  Era  Civics 


tropolis.     In  1917  the  rate  had  been  reduced  to  less  than 
14  per  1,000. 

The  functions  of  every  city  department,  or  bureau, 
of  health  should  cover  the  following  activities : 
General  municipal  sanitation. 
Protection  against  infectious  diseases. 
Supervision  of  the  water  supply. 
Child  hygiene. 
Food  inspection. 
Public  education. 

Maintenance  of  hospitals  and  laboratories. 

Careful  keeping  of  mortality  and  other  vital  statistics. 

It  is  evident  that  no  municipal  health  staff  is  large 

enough   to   supervise   and    enforce   in   detail   every   law, 

ordinance  or  regulation  of  these  various  subjects.     The 

health    authorities   must    depend,    perhaps   to    a   greater 

extent  than  any  other 
branch  of  the  city  gov- 
ernment, upon  the  zealous 
co-operation  of  citizens. 

6.  The  Water  Sup- 
ply.— The  water  supply 
of  each  city  is  in  charge 
of  a  special  administra- 
tive bureau  or  officer  at- 
tached, as  a  rule,  to  the 
public  works  department. 
To  such  official  agent  or 
agency  the  management 
of  the  water  plant  is 
intrusted,  and  this  re- 
sponsibility includes  all 
the  business  and  me- 
chanical  details   of  water 


Williams   &    Hunt. 

A  INIoDEL  Water  Source 

Skaneateles  lake,  a  beautiful  body  of 
clear  and  cold  water,  from  which 
Syracuse,  N.  Y.,  draws  its  drinking 
supply.  The  water  is  carried  to  the 
city,  eighteen  miles  distant,  in  great 
conduits  connecting  the  lake  with  city 
reservoirs.  Tests  made  by  the  Na- 
tional Civic  Federation  some  years  ago 
showed  the  Syracuse  water  supply  to 
be   one   of   the   purest    in    the   country. 


City  Safety,  Health  and  Charity 


289 


Blown  Bros. 

The  Filtering  of  Water 

A  notable  filtration  plant,  Flint, 
Michigan. 


distribution,  the  care  and 
maintenance  of  the  reser- 
voirs, conduits  and  mains, 
and  the  collections  for 
water  service.  But  the 
authority  of  the  health 
department  necessarily 
extends  over  the  water 
supply,  to  insure  its  purity 
and  to  protect  it  from 
contamination. 

With  regard  to  water 
administration,  questions 
of  deep  interest  in  every 
community  are  the  purity  and  abundance  of  the  source 
of  the  water  supply ;  the  official  regulations  for  guard- 
ing the  supply  against  pollution  of  any  kind  ;  the  methods 
of  filtering  it,  if  filters  are  necessary ;  the  location  and 
the  capacity  of  the  holding  reservoirs;  the  daily  con- 
sumption  of   the   city   in   gallons,   the   increase  of   that 

consumption  in  the  sum- 
mer months  and  the  pre- 
cautions taken  by  the 
city  authorities  to  prevent 
or  discourage  waste.  In 
every  city  the  waste  of 
water  is  a  common  of- 
fense. Sometimes  it  is 
due  to  heedlessness  on  the 
part  of  consumers  in  neg- 
Ki.,,,:,  j;.  ,  lecting  defective  plumb- 
Insuring  Pure  Water  ing,     in     leaving    faucets 

Interior  of  the   Flint,   Michigan,  filtra-        open       and       iu       CXCeSsivC 

tion  plant,  and  some  of  the  mechanism  •     i  i> 

for    filtering    and    testing    the    supply.        Sprinkling     of     lawnS.        A 


290 


New  Era  Civics 


pure  and  plentiful  water  supply  is  one  of  the  best  guar- 
antees of  the  city's  health. 

7.     The  Protection  of  Milk. — Next  comes  the  ques- 
tion of  food  inspection.     Here  the  necessity  of  insuring 

a  wholesome  milk  supply 
is  first  among  the  city's 
obligations.  Milk  is  the 
most  familiar  and  nourish- 
ing food  of  young  children 
and  invalids.  Of  late 
years  every  well  governed 
city  has  learned  to  en- 
force stringent  rules  for 
the  inspection  of  milk, 
with  a  view  to  insuring 
its  cleanliness  and  testing 
its  nutritious  and  whole- 
some quality.  Under  this 
system  the  dairies  that 
supply  the  milk  are  from 
time  to  time  carefully  in- 
spected, and  pains  are 
taken  to  see  that  the  cans  and  bottles  used  in  distribu- 
tion are  thoroughly  cleansed  and  sterilized. 

In  many  of  the  larger  cities  of  the  country,  an  addi- 
tional precaution  is  taken  against  milk  infection,  in  the 
shape  of  the  pasteurization  process.  This  method  of 
treating  milk,  now  in  use  in  progressive  milk  plants,  is 
named  after  Louis  Pasteur,  a  famous  French  scientist, 
who  first  applied  it  years  ago  to  purify  French  wines.  In 
the  case  of  milk,  it  is  a  simple  process  of  heating  the 
liquid  to  from  142  to  145  degrees.  The  heat  is  care- 
fully raised  to  the  degree  where  it  will  destroy  the  bac- 
teria or  microbes  of  disease  that  have  the  least  power  of 


Brown  Bros. 

Safeguarding  the  Milk   Supply 

A     section    of     a     modern     milk    plant 
where   cleanliness    is    the   rule. 


City  Safety,  Health  and  Charity         291 


resistance.  As  it  fortunately  happens,  these  are  the 
very  germs  which  are  sometimes  dangerous  in  milk  as 
possible  carriers  of  contagion.  In  1898,  Nathan  Straus, 
the  philanthropist,  distressed  by  the  high  death  rate 
among  infants  and  young  children  in  New  York  city, 
built  a  big  pasteurizing  plant  on  Randall's  Island.  In 
time  the  good  results  were  so  apparent  that  pasteurizing 
plants  multiplied  in  New  York  and  made  their  advent  in 
other  cities.  In  a  number  of  larger  communities  the 
pasteurizing  of  milk  is  made  compulsory  by  local  ordi- 
nance. It  is  the  heating  or  "cooking"  process,  scien- 
tifically conducted,  that  distinguishes  pasteurized  milk 
from  the  ordinary  raw  milk. 

"Certified"  milk  is  raw  milk  which  is  carefully  guarded 
against  contamination  at 
every  point.  It  is  so 
called  because  its  purity 
and  quality  are  certified 
by  official  or  medical  ex- 
perts. 

The  Federal  and  State 
governments  co-operate 
in  making  and  enforcing 
laws  to  prevent  the  sale 
of  impure  and  harmful 
food,  especially  meats  and 
canned  and  bottled  prep- 
arations. But  it  is  the 
obligation  of  the  city  to 
supplement     these     laws 

with  careful  inspection  of  m.ienvooa  &  underwood. 

all  foods  exposed  for  sale  Fighting  a  Common   Pest 

and   subject  to  COntamina-        Taking  an   active  part   in   the   warfare 

on    the    house    fly,    always    a    possible 
tlOn  by   dust   and    flies   and  carrier   of   disease    germs. 


292 


New  Era  Civics 


by  improper  handling.  Dealers  in  food  often  err  through 
ignorance,  and  every  well  conducted  health  department 
should  supply  vendors  of  this  class  with  printed  instruc- 
tions urging  the  necessity  of  constant  precautions  in  dis- 
playing their  commodities.  Such  circulars  should  point 
to  the  danger  of  permitting  persons  who  are  in  any  way 

diseased  from  handling 
food  in  the  stores  either 
as  sellers  or  would-be 
buyers.  Vigorous  cru- 
sades against  fly  pests 
have  been  of  late  years  a 
very  useful  feature  of  city 
movements  for  food  pro- 
tection. Each  branch  of 
this  movement  is  of  prime 
interest  and  concern  to 
every  household. 

8.  Other  Protections 
Against  Disease.  —  The 
warfare  of  the  city  against 
contagious  diseases  is  con- 
stant. In  this  direction 
the  individual  assistance 
of  citizens  is  particularly 
valuable  to  the  health 
authorities.  The  quarantine  of  homes  afflicted  by  such 
diseases  is  now  strictly  enforced.  The  quarantine  regu- 
lations require  that  each  house  in  which  contagion  has 
developed  shall  be  placarded  with  the  name  of  the  malady, 
and  its  inmates  forbidden  to  mingle  with  persons  on  the 
outside  until  the  disease  is  cured  and  the  dwelling 
thoroughly  disinfected  by  agents  of  the  health  depart- 
ment. 


Brown  Bros. 

The  City  Bacteriologist 

A  vigilant  guardian  of  the  com- 
munity's health.  It  is  his  duty  to 
discover  the  traces  of  contagion,  to 
examine  cultures  from  the  throats  of 
diphtheria  suspects,  to  look  for  im- 
purities in  the  drinking  supply,  and  to 
co-operate  with  the  health  department 
in  many  similar  ways  in  the  warfare 
against   disease. 


City  Safety,  Health  and  Charity         293 

To  strengthen  its  crusade  against  contagion  every 
health  department  is  expected  to  maintain  a  laboratory 
for  bacteriological  work — that  is,  for  the  examination 
of  disease  germs  and  the  analysis  of  water  supposed  to 
contain  impurities.  The  city  bacteriologist  is  now  an 
important  official  guardian  of  the  public  health.  It  is  he 
who  tests  the  cultures,  or  throat  secretions,  taken  from 
patients  suspected  of  having  diphtheria ;  and  it  is  his 
report  that  determines  whether  the  disease  exists  and  the 
patient  is  to  be  quarantined. 

But  quarantine  alone  is  not  a  sufficient  safeguard 
against  contagion.  Epidemics  like  the  influenza,  which 
are  not  subject  to  compulsory  quarantine,  are  often 
spread  by  persons  who  are  indifferent  to  the  welfare 
of  their  fellow  citizens.  Municipal  ordinances  against 
expectorating  in  public  places  are  not  observed  as  they 
should  be.  Physicians  tell  us,  moreover,  that  a  person 
suffering  with  what  appears  to  be  a  simple  cold  in  the 
head  exposes  those  in  his  vicinity  to  infection  unless  his 
handkerchief  is  properly  used,  or,  better  yet,  a  paper 
napkin  which  can  be  promptly  disposed  of.  In  the  class 
in  civics  the  need  of  continual  care  and  vigilance  in  such 
matters  cannot  be  too  strongly  emphasized.  The  model 
citizen  is  on  the  alert  every  day  in  the  year  against  viola- 
tion of  the  health  laws  and  ordinances. 

OTHER  SANITARY  SAFEGUARDS 

9.  The  Need  of  Personal  Vigilance. — A  clean  city  is 
apt  to  be  a  comparatively  healthful  city,  and  city  cleanli- 
ness begins  in  the  home  and  its  premises.  The  health 
authorities  see  to  it  that  the  best  methods  of  fumigation 
and  disinfection  are  carefully  applied  in  homes  visited 
bv  contasfion.  But  householders  are  often  remiss  in  not 
protecting  themselves  against  communicable  diseases  that 


294 


New  Era  Civics 


are  less  harmful.  "The  cold  ran  through  our  whole 
family"  is  an  expression  often  heard ;  and  it  means  a 
lack  of  precaution   on   the   family's  part  after  the   first 

symptom  develops.  It 
must  be  remembered  that 
an  ordinary  cold  is  fre- 
quently the  source  of  seri- 
ous mischief. 

The  spring  house- 
cleaning  is  an  ancient 
practice ;  but  it  has  been 
within  only  a  compara- 
tively recent  period  that 
the  necessity  of  carrying 
this  good  principle  into 
dark  cellars  and  neglected 
backyards  has  been  vig- 
orously pressed  home  by 
city  officials  and  civic  or- 
ganizations. In  clean  cel- 
lars as  w^ell  as  in  clean 
living  and  sleeping  rooms 
there  is  health  insurance 
as  well  as  pride.  A  back- 
yard in  which  the  refuse  of  years  is  allowed  to  accumu- 
late may  easily  spread  disease,  especially  under  the  rays 
of  the  summer  sun,  and  one  plague  spot  of  this  kind  may 
endanger  a  whole  city  block.  The  owners  of  vacant  lots 
too  often  sin  in  this  regard. 

10.  Clean  Streets  as  a  Health  Reliance. — It  must  be 
remembered  that  when  individual  citizens  contribute  to 
the  healthfulness  and  inviting  appearance  of  the  city  by 
keeping  their  own  premises  in  "apple-pie"  order,  their 
policy  of  cleanliness  influences  the  city  authorities  in  the 


Brown  Bros. 

Every  Little  Counts 

Lads  from  the  civics  class  doing  good 
work.  They  are  saying  to  a  careless 
householder:  "Better  cover  up  your 
rubbish  can  and  help  the  Board  of 
Health." 


City  Safety,  Health  and  Charity         295 


right  way.  Upon  the  latter  rests  the  responsibility  for 
clean  streets  and  squares  and  for  attractive  parks  and 
playgrounds.  The  care  of  the  streets  is  not  merely  a 
question  of  municipal  tidiness.  It  is  an  essential  part 
of  the  general  program  of  health  preservation.  Sanitary 
experts  tell  us  that  dust  is  a  busy  carrier  of  disease  germs. 
Diligent  street  sprinkling  or  periodic  street  oiling  is 
therefore  one  of  the  plainest  duties  of  the  municipality, 
and  one  that  should  be  marked  by  a  wise  liberality  of 
expenditure. 

In  American  cities  within  the  northern  latitudes  the 
spring  break-up  creates  a  serious  problem  for  the  street- 
cleaning  department.  The  winter  deposits  on  the  pave- 
ments require  vigorous  treatment,  including  flushing  in 
the  springtime,  not  only 
for  the  convenience  of 
citizens  but  in  the  interest 
of  the  public  health.  The 
removal  of  ice  and  snow 
from  the  highways  is  al- 
ways an  expensive  under- 
taking, but  its  sure  reward 
is  a  lessening  of  the  risks 
of  disease. 

11.  Garbage  and  Sew- 
age Disposal. — An  im- 
portant item  in  health 
administration  is  garbage 
collection  and  disposal. 
If  the  exact  truth  could 
be    ascertained,    it   would 

doubtless  be  found  that  the  lowering  of  the  death  rate  in 
all  well  managed  cities  in  the  past  quarter  century  is 
partly  due  to  the  introduction  of  wise  municipal  methods 

20 


lirovvn  Bros. 

Clean  Streets  a  Civic  AIerit 

The  White  Wings  contribute  much  in 

their   way   to   make   the   city   healthful 

as    well    as    attractive 


296 


New  Era  Civics 


*^w^ 

^ 

Bb3 

W    ^ri 

1 

for  ridding  households  of  their  garbage  accumulations. 
This  sanitary  process  was  once  left  to  individual  dis- 
cretion and  in  many  cases  neglected.  Many  smaller  cities 
and  villages  are  still  lacking  a  publicly  controlled  system 

of  this  kind,  and  their 
carelessness  or  lack  of  en- 
terprise puts  a  premium 
on  disease.  Even  in  com- 
munities in  which  gar- 
bage collection  is  a  public 
charge,  as  it  always  should 
be,  the  methods  of  dispos- 
ing of  it  are  sometimes 
defective. 

Fortunately,  the  scien- 
tific use  of  garbage  in 
reduction  plants  is  now 
a  widespread  industrial 
pursuit.  City  reduction, 
plants,  many  of  them  run 
by  private  corporations, 
are  becoming  more  and 
more  common.  They  turn  out  valuable  commercial 
products  by  scientific  methods,  under  approved  sanitary 
conditions.  Their  principal  output  is  stearic  acid,  used 
extensively  in  the  manufacture  of  soap  and  candles. 
During  the  World  War  glycerine  was  largely  extracted 
from  garbage  for  the  manufacture  of  explosives,  and  this 
special  demand  encouraged  the  scientific  reduction  of 
garbage  in  many  cities  which  had  previously  paid  for 
burning  it  as  waste  matter.  Besides  the  greasy  content 
of  garbage,  when  it  is  reduced  in  a  modern  plant,  is  a 
dry  product  called  tankage,  which  is  used  as  an  in- 
gredient of  farm  fertilizers. 


Scientific   Garbage   Reduction 

An  interior  section  of  a  model  plant 
for  putting  garbage  waste  to  good 
use.  In  the  enormous  ovens  along 
the  corridor  the  garbage  is  deposited 
from  above  and  converted  by  heat  into 
fertilizers,  grease  and  other  commer- 
cial products 


City  Safety,  Health  and  Charity         297 

The  disposal  of  sewage  is  another  serious  city  prol)- 
lem.  Here  the  operation  is  all  outgo  without  com- 
mercial return,  except  in  some  rare  cases  where  attempts 
have  been  made  to  produce  commercial  fertilizers,  and 
also  alcohol  for  industrial  purposes,  from  the  refuse.  In 
the  modern  plants  for  sewage  disposal,  big  ''sedimenta- 
tion" tanks  are  employed,  and  also  ingenious  screening 


Sewage  Disposal 

This   is    a   variation   of  the   standard   Imhoff   system   of  sedimentation   tanks 
for  the  sanitary  disposal  of  city  sewage.     It  is  located  at  Atlanta,  Ga. 

systems,  to  separate  the  "effluent,"  or  liquid  content,  from 
the  rest,  and  thus  to  make  final  disposal  easier.  In  the 
work  of  disposal,  cities  located  near  large  bodies  of  water 
have  a  great  advantage.  In  cities  without  this  advantage, 
the  sewage  must  be  piped  some  distance  and  absorbed 
into  soil  set  aside  for  the  purpose. 

12.  Aids  for  the  Sick  Poor. — The  public  hospital, 
the  free  dispensary  and  free  nursing  service  are  valuable 
adjuncts  of  the  progressive  city's  system  of  health  preser- 
vation.    Most  hospitals,  except  the  strictly  private  sana- 


298 


New  Era  Civics 


toriums  or  cures,  are  open  for  the  care  of  poor  patients 
committed  to  them  and  paid  for  by  the  city  or  county ; 
but  special  city  hospitals  are  necessary  institutions. 
Every  city  must  have  a  hospital  or  hospital  annex  for 
the  special  cure  and  treatment  of  contagious  diseases. 
Of  late  years  hospitals  or  sanatoriums  for  sufferers 
from  consumption,  or  tuberculosis,  have  appeared  in 
many  American  cities.  Medical  science  has  shown  that 
consumption,  which  claims  more  victims  than  any  other 
single  disease,  can  be  cured,  at  least  in  its  earlier  stages ; 
and  also  that  it  can  be  communicated.  This  increased 
knowledge  of  the  distressing  malady  has  pointed  to  the 
need  of  tuberculosis  sanatoriums,  usually  located  in  the 
citv  suburbs.  In  these  the  afflicted  ones  can  be  isolated 
and  at  the  same  time  have  the  benefit  of  pure  air,  care- 
fully selected  diet  and  the  medical  and  nursing  attention 
essential  to  recovery.  The  public  generosity  and  civic 
spirit  which  have  established  these  agencies  for  the 
care   and    cure    of    consumptives   are    meritorious    in    a 

double  sense.  That  is 
because  every  restored 
patient  represents  a  be- 
nevolent service  and  a 
working  unit  restored  to 
the  communit}'. 

The  dispensary  for 
supplying  free  drugs  to 
the  poor  is  one  of  the  old- 
est of  municipal  benefac- 
tions within  the  sphere  of 
health  protection.  Some- 
times it  is  but  partly 
financed  by  the  city, 
under     the     offi- 


Browii  Bros. 

School  Sanitation 

A  toothbrush  drill  for  the  double  pur- 
pose of   teaching   habits   of   cleanliness 
and   of  guarding   against   infection. 


though 


City  Safety,  Health  and  Charity         299 


Broun  Bros. 

Guarding  Against  Trouble 

In  many  schools  the  medical  super- 
vision of  pupils  includes  frequent  ex- 
amination of  the  eyes,  ears,  throats 
and  teeth.  This  nurse  is  making  a 
close    scrutiny   of   the   children's   eyes. 


cial  supervision  of  the 
health  authorities.  The 
greater  part  of  its  revenue 
comes  in  the  form  of  pri- 
vate charity.  As  profes- 
sional nursing  is  beyond 
the  reach  of  the  sick  poor, 
their  needs  are  suppHed 
in  many  cities  by  associa- 
tions of  visiting  nurses, 
whose  duty  is  to  minister 
to  the  patients  of  this 
unfortunate  class.  Here, 
too,  the  funds  neces- 
sary for  the  philanthropic 
work    are    generally    made    up    of    charitable    offerings. 

13.  Sanitation  in  the  Schools. — In  all  well-governed 
cities  the  sanitary  condition  of  the  schools  and  the  health 
of  the  students  are  constantly  kept  in  mind  by  the  official 
authorities.  Within  the  school  itself  pupils  are  frequentl}^ 
reminded  of  the  precautions  taken  by  the  city  for  the 
protection  of  their  health.  They  are  surrounded  by  sani- 
tary safeguards  which  were  unknown  to  the  pupils  of 
the  public  schools  of  other  days.  In  up-to-date  cities 
it  is  now  considered  a  necessary  part  of  school  manage- 
ment to  provide  a  system  of  school  examination  by 
physicians  or  nurses.  This  is  to  shield  the  pupils  from 
dangers  to  health,  especially  from  contagious  diseases, 
to  which  one  ailing  student  might  expose  a  whole 
class. 

School  hygiene  is  now  a  very  important  part  of  the 
educational  scheme  of  the  State  and  the  city.  It  began 
long  ago  with  the  laws  requiring  the  vaccination  of 
school   children  against  smallpox,  but  it  has  since   de- 


300  New  Era  Civics 

veloped   into  a  broad  official   supervision   of  the  health 
interests  of  the  whole  student  body. 

14.  Sanitation  and  Safety  in  Industry. — The  students 
of  today,  noting  the  care  taken  by  the  municipality 
to  provide  them  with  healthful  school  surroundings  and 
to  keep  watch,  as  most  cities  do,  upon  the  health  of 
all  pupils  through  medical  and  other  agencies,  must 
readily  understand  why  well  governed  cities  insist  that 
their  workers  in  factories,  shops  and  stores  are  protected 
against  unsanitary  conditions.  In  this  respect  great  im- 
provement has  been  made  in  the  last  thirty  years.  Vir- 
tually every  State  has  on  its  statute  books  laws  requiring 
that  men  and  women  and  children  who  work  for  a  living 
shall  have  the  advantage  of  well  ventilated  and  com- 
fortable quarters,  and  that  factory  buildings  shall  be 
equipped  with  fire  escapes  and  with  the  modern  appli- 
ances for  extinguishing  fires.  In  many  cases  it  is  the  city 
that  is  responsible  for  the  enforcement  of  these  laws, 
through  its  police,  its  health  department  and  its  civic 
organizations. 

In  no  way  is  the  physical  welfare  of  the  citizenship 
of  a  State  or  city  better  guarded  than  by  its  special  laws 
relating  to  women  and  child  workers.  In  manv  States 
young  children  are  not  permitted  to  labor  for  pay  and 
the  working  hours  for  women  are  limited.  In  this  direc- 
tion the  State  depends  upon  the  city  to  see  that  its 
humanitarian  laws  are  faithfully  executed. 

15.  Where  Citizens  Can  Help. — While  the  city  is 
officially  accountable  for  applying  all  safeguards  and 
carrying  out  all  measures  which  sanitary  experts  recom- 
mend for  the  public  protection,  its  government  must 
rely,  in  its  turn,  upon  the  citizens,  young  and  old,  to  lend 
their  aid  in  attaining  the  desired  end.  The  opportunity 
to  vote  out  of  power  a  negligent  administration  comes 


City  Safety,  Health  and  Charity         301 

only  once  in  every  year,  two  years  or  four  years,  as  the 
case  may  be.  But  the  citizen  need  not  wait  for  election 
day  to  play  his  or  her  part  in  making  the  city  clean  and 
sanitary  and  healthful.  The  man  or  woman  or  civics 
student  who  abates  a  nuisance  or  any  menace  to  the 
public  health,  or  reports  it  to  the  city  officials  who  have 
the  power  to  abate  it,  renders  a  valuable  service  to  the 
community.  Occasions  for  such  service  frequently 
arise  even  in  cities  where  the  administration  is  generally 
regarded  as  efficient  and  satisfactory. 

16.  The  Care  of  the  Insane. — Under  the  head  of 
public  safety  and  public  health  are  the  provisions  for 
the  custody  and  care  of  the  insane.  This  important  obH- 
gation  rests  upon  the  State,  rather  than  upon  the  city. 
Insanity  is  nothing  but  mental  disease.  Its  victims 
are  peculiarly  entitled  to  protection  and  pity,  and,  espe- 
cially in  curable  cases,  to  the  best  of  expert  attention. 
But  while  the  care  of  the  insane  is  within  the  province 
of  the  State,  many  good-sized  cities  maintain  places  of 
detention  and  examination  for  patients  who  have  shown 
symptoms  of  mental  disease  but  are  not  definitely  pro- 
nounced insane.  These  are  known  as  psychopathic  hos- 
pitals or  hospital  wards.  The  inmates  are  put  under 
temporary  observation  to  determine  whether  or  not  their 
condition  requires  their  transfer  to  a  State  hospital  for 
the  insane.  Frequently  a  course  of  treatment  in  these 
city  institutions  results  in  a  cure,  and  patients  are  saved 
from  confinement  in  the  State  retreats. 

17.  The  City's  Charities. — In  the  tax  budget  of  every 
city  a  heavy  item  is  the  appropriation  for  charitable  pur- 
poses. The  city,  like  the  individual,  is  expected  to  live 
up  to  the  Christian  precept  which  commands  us  to  feed 
and  shelter  the  destitute  and  care  for  the  orphan.  In 
several  departments  of  charity  the  city  does  no  more 


302  New  Era  Civics 

than  contribute  to  enterprises  which  are  financed  by 
private  generosity.  Our  orphan  as}  kims  are,  as  a  rule, 
institutions  of  this  class.  These  asykims  are  usually  con- 
ducted by  benevolent  organizations,  and  the  city  makes 
a  fixed  allowance  for  each  little  inmate.  Such  grants 
from  the  municipal  treasury  are  no  more  than  a  part 
of  the  total  cost  of  supporting  the  orphan  wards.  In 
the  larger  cities  as}lums  for  foundlings,  or  deserted 
infants,  are  maintained  on  a  similar  basis. 

The  needs  of  poverty-stricken  families  are  met  with 
so-called  poor  funds,  and  the  dispensing  of  aid  in  this 
way  is  a  familiar  function  of  every  charity  department. 
The  usual  method  of  the  department  is  to  investigate 
carefully  such  cases  of  destitution,  and  to  issue  to  the 
destitute  ones  orders  for  food,  clothing  or  fuel,  which 
are  duly  filled  by  merchants  and  afterwards  paid  from 
the  city  treasury.  In  the  case  of  city  poor  who  need 
shelter  or  of  homeless  wanderers,  the  police  generally 
supply  temporary  accommodations.  Almshouses  and 
homes  for  the  aged  poor  are  mainly  county  institutions, 
but  inmates  are  sent  to  them  by  the  city  and  are,  of 
course,  a  city  charge. 

The  share  of  the  city  government  in  relieving  the 
wants  of  poor  persons  is  necessarily  quite  limited,  owing 
to  the  natural  reluctance  of  unfortunates  to  accept  public 
charity.  Hence,  a  very  large  proportion  of  such  relief 
is  furnished  through  church  and  other  charitable  societies. 
Through  these  agencies  a  good  many  men  and  women 
are  able  to  render  benevolent  services  in  the  ways  least 
calculated  to  wound  the  pride  of  the  poor.  The  Salva- 
tion Army  is  a  familiar  type  of  the  associations  which  are 
organized  to  help  the  homeless  and  destitute.  Most 
churches  have  auxiliary  societies  devoted  to  the  aid  of 
needy  people. 


City  Safety,  Health  and  Charity         303 

Question  Guide  to  Chapter  XVII 

1.  Why  should  the  class  in  civics  make  a  special  study  of  city 
affairs  ?  Give  the  reason  why  the  details  of  city  government  should 
be  studied  in  the  classroom. 

2.  Repeat  the  three  chief  aims  of  city  government.  What  is 
meant  by  the  security  of  a  city?  What  general  objects  and  measures 
come  under  the  head  of  utility?  What  does  city  attractiveness  in- 
clude? What  do  the  several  stones  in  the  Municipal  Arch  repre- 
sent? What  do  the  foundation  stones  of  the  arch  stand  for?  Why 
is  "honest,  efficient  administration"  the  keystone? 

3.  What  is  the  city's  first  need?  What  features  of  fire  protec- 
tion are  worthy  of  study? 

4.  In  what  respect  has  police  protection  been  specially  necessary 
in  recent  years?  How  has  the  popularity  of  the  automobile  affected 
police  duties?  What  is  the  function  of  the  "traffic  squad"  of  the 
police  force?     Describe  the  problems  created  by  motor  car  traffic. 

5.  What  class  of  questions  merit  particular  attention  in  the 
study  of  community  civics?  Tell  something  about  the  example  set 
by  New  York  city  in  diminishing  its  death  rate.  Cite  figures  show- 
ing the  success  of  its  efforts.  How  are  the  activities  of  the  city 
health  department  or  bureau  divided?  Upon  what  reliance  do  the 
health  officers  count  in  the  performance  of  their  duties? 

6.  What  is  the  relation  of  the  health  department  to  the  water 
supply? 

7.  What  kind  of  food  inspection  comes  first  in  the  order  of 
importance?  What  precautions  are  taken  by  the  city  to  insure  pure 
milk?  Tell  something  about  pasteurized  milk.  Name  some  of  the 
city's  other  responsibilities  for  protecting  the  food  supply,  and  the 
precautions  taken  in  that  direction. 

8.  What  is  the  most  familiar  measure  taken  to  prevent  the 
spread  of  contagious  diseases?  What  are  the  quarantine  regula- 
tions? What  are  the  duties  of  the  city  bacteriologist?  How  should 
some  of  the  milder  epidemics  be  guarded  against? 

9.  Mention  some  of  the  respects  in  which  personal  care  and 
vigilance  can  help  to  make  a  community  healthful.  What  kind  of 
home  cleanliness  is  held  in  special  favor?  Why  should  the  cellars 
and  backyards  be  thoroughly  cleaned? 

10.  How  is  the  public  health  benefited  by  an  energetic  policy 
of  street  cleaning?    Why  is  the  dust  nuisance  considered  dangerous? 


304  New  Era  Civics 

At  what  season  should  the  city  government  devote  particular  atten- 
tion to  the  streets? 

11.  Name  a  branch  of  city  cleanliness  in  which  great  progress 
has  been  made.  Should  garbage  removal  be  left  to  individual  house- 
holders or  be  made  a  public  charge?  Tell  something  about  modern 
methods  of  garbage  reduction  and  sewage  disposal. 

12.  What  familiar  provisions  are  made  for  the  care  of  the  sick 
poor?  Name  one  special  reason  for  maintaining  city  hospitals.  Tell 
something  about  sanatoriums  for  consumptives?  What  is  tuber- 
culosis, the  most  dreaded  of  familiar  diseases,  and  what  is  the 
double  advantage  gained  by  the  organized  efforts  to  save  its  victims? 
What  is  the  free  dispensary,  and  how  is  it  usually  supported?  What 
form  does  free  nursing  for  the  poor  frequently  take? 

13.  Why  is  a  system  of  medical  examination  maintained  in 
the  schools? 

14.  In  what  other  quarter  is  the  city's  system  of  sanitary  inspec- 
tion and  supervision  extended?  What  is  the  general  purpose  of 
factory  inspection?  What  classes  of  workers  receive  the  special  care 
of  the  State  and  its  cities? 

15.  What  does  the  city  expect  from  its  good  citizens,  and  how 
can  they  best  discharge  their  obligations?  By  what  simple  service 
can  the  citizen  contribute  to  the  cleanliness  and  health  of  the  com- 
munity? 

16.  What  provision  is  made  by  some  cities  for  persons  showing 
symptoms  of  mental  disease? 

17.  For  what  object  does  the  city  annually  make  large  pro- 
visions in  its  budget?  Why  is  public  charity  considered  a  com- 
munity need?  To  what  extent  does  the  city  support  its  orphan 
children?  In  what  other  ways  does  the'  city  attend  to  the  needs  of 
the  very  poor  ?  What  are  the  most  common  measures  taken  to 
serve  those  who  depend  upon  the  city  for  the  necessaries  of  life? 
In  what  class  of  cases  does  private  charity  serve  the  poor  to  better 
advantage  than  public  charity? 


Test  Questions  and  Hints 

1.  Have  you  noticed  any  nuisance,  whether  in  the  street,  in  a 
vacant  lot  or  on  private  premises,  which  you  consider  dangerous  to 
the  public  health? 


City  Safety,  Health  and  Charity         305 

2.  Have  you  visited  any  place  of  entertainment  or  other  public 
assembly  where  the  methods  of  ventilation  or  the  means  of  exit  in 
case  of  fire  seemed  to  be  defective? 

3.  Do  you  find  the  policemen  whom  you  happen  to  meet  watch- 
ful on  their  beats  and  courteous   in  answering  questions? 

4.  Do  you  know  of  any  homes  bearing  quarantine  placards  in 
which  the  inhabitants  seem  to  be  careless? 

5.  Do  you  know  any  destitute  sick  who  ought  to  receive  the 
attention  of  the  city  poor  department  or  of  a  charitable  organiza- 
tion? 

6.  Do  the  vehicles  for  milk  delivery  which  come  inider  your 
observation  measure  up  to  the  proper  standard  of  neatness  and 
cleanliness  ?  Do  the  retailers  of  food  of  whom  you  have  knowledge 
take  suitable  precautions  for  protecting  their  food  exhibits  from 
contamination  ? 

7.  Do  the  residents  in  your  neighborhood  keep  their  yards  in  a 
clean  and  presentable  condition? 

8.  Are  the  city  garbage  collectors  regular  in  their  visits  to  your 
neighborhood;  are  they  careful  in  transferring  the  garbage  to  their 
wagons  and  are  their  wagons  properly  covered? 

9.  Have  you  noticed  any  instances  of  a  heedless  waste  of  city 
water  ? 

10.  Do  you  consider  your  city  government  careful  or  careless 
in  its  street  cleaning  operations,  and  particularly,  do  you  believe  it 
does  all  that  it  can  to  abate  the  dust  nuisance? 

11.  Are  there  unguarded  street  corners  in  your  neighborhood 
which  automobile  traffic  has  rendered  dangerous.  Has  any  way 
occurred  to  you  by  which  the  parking  facilities  for  motor  cars  in 
the  business  sections  could  be  improved? 

12.  How  many  hospitals  of  all  kinds  does  your  city  contain 
and  how  many  can  you  name?  If  your  community  has  a  public 
hospital,  or  more  than  one,  name  location.  What  provision  does 
your  city  make  for  the  confinement  of  patients  suffering  from  con- 
tagious diseases  ?  Has  your  city  a  psychopathic  hospital  or  hospital 
ward  for  the  temporary  care  and  observation  of  persons  giving 
signs  of  insanity? 

13.  What  is  the  title  of  that  branch  of  your  city  government 
which  supplies  aid  to  the  poor?  What  provision  does  your  city  make 
for  temporary  sheltering  of  the  homeless?  Name  the  principal 
organizations  of  your  city  that  give  needed  help  to  the  destitute. 


CHAPTER  XVIII 

THE   CITY— ITS   SCHOOLS,   SERVICE   AND 
ATTRACTIONS 

Schools  are  necessary  in  order  that  each  succeeding  age 
may  he  well  supplied  with  men  qualified  to  serve. — Benja- 
min Franklin. 

1.  The  Schools  and  Their  Mission. — Next  in  impor- 
tance to  the  health  and  safety  of  the  city  and  the  care 
of  its  destitute  poor,  the  provisions  for  education  through 
ample  school  facilities  should  appeal  to  the  interest  of 
the  student  in  community  civics.  While  school  adminis- 
tration varies  greatly  in  our  American  cities,  public  edu- 
cation has  but  one  common  purpose,  namely,  the  proper 
mental  training  of  our  future  citizens.  With  the  ex- 
ception of  the  church,  the  schoolhouse  is  the  most  im- 
pressive and  familiar  symbol  of  modern  civilization. 
Unlike  the  church,  the  school  is  maintained  by  public 
taxation.  As  a  department  of  government.  State  and 
local,  education  deserves  the  earnest  attention  of  all 
who  are  preparing  for  the  duties  and  responsibilities  of 
the  citizen. 

Formerly,  the  school  training  of  children  was  a  matter 
of  choice  with  the  parents.  That  is  still  true  to  the 
extent  that  parents  who  so  desire  and  who  have  the 
means  to  gratify  their  wish,  can  have  their  boys  and 
girls  educated  in  private  schools  or  by  private  tutors. 
But   the    education    of    the    children,    in    some    form    or 

306 


City  Schools,  Service  and  Attractions    307 

other,  is  no  longer  left  to 
the  discretion  of  parents 
or  guardians.  The  child 
must  receive  reasonable 
intellectual  training.  The 
principle  of  compulsory 
education,  as  it  is  called,  is 
generally  applied  through- 
out the  country.  For  a 
specified  period,  at  least 
long  enough  to  acquire 
knowledge  of  the  elemen- 
tary studies,  the  boy  or 
girl  must  be  educated. 
In  most  of  the  States  failure  to  comply  with  the  com- 
pulsory laws  is  made  a  legal  offense  for  parents,  while 
children  who  evade  the  duty  of  school  attendance  are 
dealt  with  as  truants.  In  a  word,  our  whole  educational 
system   is  based  on   the   sound  theory   that   the   proper 


Linlfiuuud  .X:    LiiULiwuuU. 

The  Little   Red   Sciioolhouse 

An    elementary    school    of    other    days. 

Types    of    it    still    linger    in    the    rural 

districts.     A  contrast  with  the  modern 

High  School. 


Bruce  Pub.  Co. 


City  Progress  in  Education 


A  noble  school  building  "'way  down  South."     The  junior-senior  High  School 

at  Fort  Worth,  Texas. 


308 


New  Era  Civics 


mental  training  of  children  is  not  merely  a  convenience 
and  a  privilege  for  parents  and  their  offspring,  but  a  civic 
obligation  which  they  must  not  shirk. 

2.  Where  State  and  City  Join  Hands. — The  cost  of 
maintaining  public  schools  is  among  the  heaviest  tax 
burdens  in  every  community,  and  as  it  is  met  by  taxa- 
tion the  payment  is  not  confined  to  the  parents  of  the 


liruce  i'ub.   Co. 


For  Special  Training 


The  Carter  H.  Harrison  Technical  High  School  in  Chicago.     A  fine  example 
of   the  modern    advanced    public    schools    devoted   to   technical   or   vocational 

training. 


children  benefited.  By  making  the  school  tax  a  general 
one,  either  by  a  separate  collection,  as  in  some  cities,  or 
as  an  item  of  the  annual  budget,  the  city  wisely  recog- 
nizes the  fact  that  education  is  a  public  concern. 

In  its  provisions  for  education  the  city  acts  as  the 
political  representative  and  agent  of  the  State.  In  all  the 
States  the  educational  system  is  administered  from 
the  capital  under  a  carefully  devised  code  of  school  laws. 
No  two  of  these  State  systems  are  exactly  alike.  Some 
of  them  intrust  their  educational  interests  to  State  boards 
and  others  to  single  commissioners.     Still  others  com- 


City  Schools,  Service  and  Attractions     309 

bine  the  two  administrative  factors.  Generally  speak- 
ing, the  State  keeps  to  itself  the  power  of  supervision 
over  all  the  public  schools  within  its  boundaries.  In 
the  exercise  of  this  power  it  prescribes,  through  its 
State  board  or  other  administrative  agencies,  the  rules 
and  regulations  governing  education,  the  grading  of  the 


A  Famous  Library 

In   this   library   there  are   14  miles   of  bookshelves   and  4,000,000   books.     All 

progressive  cities   are  now  actively   interested  in  the   steady  development  of 

their   library   facilities.     This    is    sound   policy,    as    the   public   library   is    the 

great   continuation    school   after   youthful    school  days   are   over. 


schools,  the  courses  of  study  therein  and  such  other  mat- 
ters as  encourage  uniformity  of  method.  At  the  same 
time,  the  State  must  needs  transfer  a  large  authority  to 
the  communities  that  erect  the  school  buildings,  provide 
for  their  maintenance  and  employ  and  pay  the  teachers. 
In  consequence  public  education,  though  supervised  and 
directed  from  the  State  capital,  is  also  a  part  of  the  city's 
political  responsibilities. 


310  New  Era  Civics 

3.  The  Public  Library. — An  admirable  educational 
agency  in  every  city  is  the  pubHc  Hbrar\-.  It  may  be 
called  the  university  of  the  common  people,  for  it  opens 
to  every  one  the  opportunity  for  mental  improvement 
after  school  days  are  over.  In  all  public  libraries  works 
of  fiction  are  more  widely  sought  for  than  any  others  ; 
but  the  circulation  of  more  serious  volumes,  such  as 
history,  biography,  science  and  travel  entitles  these  in- 
stitutions to  an  honorable  place  in  our  educational  sys- 
tem. 

4.  Social  Service. — During  the  World  War,  when  the 
food  problem  became  acute,  local  agencies  were  organized 
for  the  better  education  of  housekeepers  in  domestic 
science,  particularly  in  more  economical  methods  in  the 
purchase  of  food  and  its  preparation  for  the  table.  In  not 
a  few  cities  these  agencies  of  social  service  have  survived 
the  war.  Among  them  are  numerous  "thrift"  kitchens 
where  lectures  and  demonstrations  are  given  free  of 
charge.  They  are  maintained  by  public  and  private  aid 
or  both.  Wherever  they  exist,  they  may  fairly  be  in- 
cluded in  the  city's  educational  system. 

5.  The  Public  Utilities. — This  is  the  name  often 
given  to  various  forms  of  public  service  supplied  by 
privately  owned  corporations  under  city  regulation  or 
supervision.  In  the  average  city  it  includes  railway 
transportation,  lighting,  heating  by  artificial  gas,  the 
furnishing  of  electric  power  to  industries,  and  telephone 
and  telegraph  service. 

Water  distribution  is,  of  course,  a  public  utility ;  but 
this  service  is  solely  controlled  b}'  the  municipal  govern- 
ment in  the  great  majority  of  cases.  In  some  cities, 
however,  the  water  supply  is  owned  and  distributed  by 
private  companies,  under  municipal  regulations  for  pro- 
tecting the  public  health  and  insuring  reasonable  prices. 


City  Schools,  Service  and  Attractions    311 

In  such  instances  the  water  service  belongs  in  the  same 
class  with  other  kinds  of  corporate  service,  like  trans- 
portation and  lighting. 

Many  cities  have  access  to  supplies  of  natural  gas, 
distributed  through  mains  and  pipes,  like  the  more 
familiar  artificial  gas,  both  for  heating  and  illuminating. 
In  some  cities,  especially  the  more  populous,  steam 
heat  is  generated  in  central  stations  and  forced  through 
underground  piping  into  business  blocks  and  other 
structures  whose  owners  prefer  that  form  of  heating 
service. 

All  these  varieties  of  service  come  under  the  head  of 
public  convenience.  The  public-service,  or  public-utilities 
corporations  conduct  their  business  under  the  municipal 
franchises  already  referred  to.  What  is  a  franchise,  as 
the  term  is  here  used  ?  It  is  a  written  contract  between 
the  public-service  company  and  the  city.  Each  city 
charter  specifies  the  municipal  officers  who  shall  have  the 
power  to  make  and  sign  such  agreements.  By  the  terms 
of  the  contract  the  city  gives  or  sells  to  the  public-service 
company  the  use  of  its  streets  for  the  laying  of  tracks 
or  of  underground  conduits  or  mains,  for  the  raising  of 
poles  and  the  stringing  of  wires,  or  for  any  purpose  re- 
lated to  'the  service  the  corporation  proposes  to  render. 
This  permit  is  known  as  a  franchise,  and  it  is  usually  a 
valuable  privilege. 

There  was  a  time  when  such  franchises  were  granted 
too  freely  and  too  cheaply ;  but  all  well  managed  cities 
have  since  learned  to  appreciate  their  value  and  to  drive 
hard  bargains  with  the  public-service  companies.  The 
corporation  is  now  usually  required  to  pay  the  city  a 
round  sum  or  a  percentage  of  its  annual  earnings,  or 
both,  for  the  privilege  it  seeks.  It  further  agrees  to 
be  bound  by  the  conditions  named  in  the  contract.    Under 

21 


312  New  Era  Civics 

these  conditions  the  city  is  able  to  limit,  or  to  invoke 
the  State's  power  to  limit,  the  company's  charges  for 
service  and  to  enforce  such  regulations  as  may  be  neces- 
sary for  the  public  protection. 

TRANSPORTATION  PROBLEMS 

6.  Street  Car  Service. — Street  car  service  has  been 
very  stimulating  to  city  growth,  especially  since  the  in- 
troduction of  electric  power  through  the  familiar  trolley. 
It  has  encouraged  the  spread  of  city  life  toward  the 
suburbs  in  ways  that  were  undreamed  of  in  the  old  days 
wdien  horse-drawn  cars  were  the  main  reliance  of  city 
people  for  transportation  purposes.  In  every  growing 
city  the  routing  of  street  railway  lines  to  serve  the  needs 
of  the  people  in  the  newer  sections  has  been  a  serious 
problem.  Still  more  serious  has  been  the  problem  of 
providing  adequate  service  in  the  "rush  hours" — the 
hours  at  the  beginning  and  close  of  the  business  and 
the  industrial  day. 

The  World  War  brought  another  problem  in  this  line 
of  public  service.  The  increased  cost  of  operation,  in- 
cluding materials,  equipments  and  wages  to  employes, 
was  severely  felt  by  railway  companies.  They  also 
found  it  difficult  to  finance  their  service  and  improve- 
ments. In  consequence,  the  companies,  as  a  rule,  in- 
sisted that  they  must  have  additional  revenue.  They 
increased  their  fares  or  demanded  such  increase  in  cities 
where  the  franchises  left  the  matter  to  city  authorities 
or  State  boards.  There  has  been  much  agitation  of  the 
issues  thus  raised  in  the  cities  affected.  In  most  cases 
the  disputes  between  the  railway  companies,  on  the  one 
hand,  and  the  city  authorities  and  the  public,  on  the 
other,  have  hinged  on  the  question  whether  or  not  the 
railway  properties  were  "over-capitalized." 


City  Schools,  Service  and  Attractions    313 

Let  us  suppose  that  a  railway  company  has  issued 
stock  and  bonds  to  the  amount  of  $2,000,000.  That  is 
the  valuation  it  puts  on  its  properties,  and  it  claims  the 
right  to  earn  a  certain  dividend,  or  income,  let  us  say 
eight  per  cent,  on  that  amount.  This  would  be  $160,000  a 
year  above  all  expenses.  But  the  city  authorities  may 
claim  that  the  securities  of  the  company,  namely,  its 
stock  and  bonds,  have  been  inflated  (or  "watered")  to 
show  an  excessive  value.  They  demand  that  a  much 
lower  estimate  be  made  of  the  value  of  the  railway  prop- 
erty on  which  the  company  claims  its  eight  per  cent  earn- 
ings. By  the  decision  of  such  questions  the  company's 
right  to  increased  fares  must  be  determined. 

7.  The  Agitation  Over  Fares. — In  some  cities  a  solu- 
tion of  the  problem  has  been  worked  out  through  what 
is  known  as  a  Service-at-Cost  arrangement  between  the 
company  and  the  city.  The  two  agree  on  a  reasonable 
valuation  of  the  company's  property.  On  that  basis  the 
company  consents  to  accept  a  certain  revenue  each  year, 
and  to  fix  its  fares  at  such  a  rate  that  the  revenue  will 
be  supplied.  Beginning  wdth  a  five  or  six-cent  fare,  if 
the  returns  show  after  a  stated  period  that  the  company 
cannot  earn  the  fixed  revenue,  or  dividend,  it  can  raise 
its  fares.  If,  on  the  contrary,  it  has  earned  a  surplus 
above  the  dividend  named,  it  must  reduce  its  fares. 

The  principle  underlying  this  agreement  is  that  the 
company  will  furnish  its  service  at  cost  to  the  public, 
"Cost"  here  means  all  expenditures  for  operation,  for 
materials,  equipments  and  necessary  improvements,  for 
interest  on  its  bonds  and  for  a  fair  dividend  to  its  stock- 
holders. The  bonds  are  so  many  mortages  on  the  rail- 
way properties  and  the  interest  on  them  must  be  paid 
if  the  road  is  to  be  kept  out  of  bankruptcy.  The  stocks 
are  shares  in  the  business,  and  their  market  price,  or 


314  New  Era  Civics 

value,  is  determined,  under  ordinary  conditions,  by  the 
earnings  of  the  road.  When  the  Service-at-Cost  scheme 
is  adopted,  the  city  allows  a  fair  dividend  on  the  value 
of  the  property  as  a  part  of  the  legitimate  cost  of  run- 
ning the  road. 

The  chief  obstacle  to  the  Service-at-Cost  plan  is  the 
difficulty  of  reaching  an  agreement  between  the  city  and 
the  railway  company  as  to  what  constitutes  a  fair  value 
of  the  company's  property. 

Regarding  all  forms  of  public  service  by  corporations 
in  our  cities,  the  effort  of  late  years  has  been  to  settle 
the  basis  of  capitalization — that  is  to  say,  the  property 
value  on  which  fair  earnings,  or  dividends,  may  be 
allowed — in  such  a  way  that  the  interests  of  the  stock- 
holders and  of  the  people  who  pay  for  the  service  will 
be  safeguarded. 

In  practically  all  the  States  are  laws  requiring  the 
fullest  publicity  of  the  affairs  of  corporations,  and  the 
municipal  authorities  are  thus  placed  in  possession  of 
the  facts  relating  to  the  management  of  the  public-service 
companies.  Such  facts  take  the  form  of  reports  regularly 
filed  with  a  specified  State  official.  By  this  means  the 
city  officials  can  scan  the  balance  sheet  of  each  local  cor- 
poration, whether  railway  or  other,  and  ascertain  the 
amount  of  its  revenues  and  expenditures.  Where  an 
honest  basis  of  capitalization  is  determined  upon  by  the 
city  and  the  corporation,  it  is  easy  enough  to  decide 
what  constitutes  a  reasonable  charge  for  transportation 
or  lighting  or  any  other  service  a  company  may  render. 

The  city  government  can  set  a  good  example  to  its 
subordinate  corporations  by  performing  its  own  duties 
with  constant  fidelity.  Most  students  of  the  subject 
believe  that  such  service  as  transportation  and  lighting 
can   best   be    intrusted    to   well    regulated    corporations. 


City  Schools,  Service  and  Attractions    315 

The  cases  where  the  community  itself  renders  these  par- 
ticular services  are  as  yet  few  in  number. 

8.  The  City's  Business  Concerns. — The  city  adminis- 
tration has  a  great  variety  of  responsibilities  in  addition 
to  those  which  we  have  already  considered.  It  maintains 
a  business  establishment  in  which  the  municipal  taxes 
are  assessed,  collected  and  expended.  Associated  with 
it  is  an  auditing  department  in  which  every  disburse- 
ment of  the  city  is  checked  off  and  verified  and  every 
claim  against  it  undergoes  careful  scrutiny  before  it  is 
allowed. 

The  city,  like  the  thrifty  business  man,  makes  con- 
tracts for  labor  and  material  when  expenditures  are  con- 
templated outside  of  the  regular  routine,  as  for  public 
buildings  and  improvements.  All  outlays  or  intended 
outlays  of  that  character  are  matters  of  public  record, 
no  matter  what  special  form  of  government  a  city  may 
have.  Hence  if  inefficiency  or  extravagance  in  such  un- 
dertakings goes  unheeded,  it  is  generally  the  fault  of 
the  citizens,  and  not  of  their  municipal  system.  If  for 
any  reason  the  important  transactions  of  a  city  govern 
ment  are  kept  secret  for  any  length  of  time,  it  is  because 
public  opinion  is  asleep  or  indifferent ;  and  such  draw- 
backs are  becoming  more  and  more  rare  in  American 
communities. 

CITY  ATTRACTIONS 

9.  The  Pavement  Problem. — The  provisions  of  each 
city  government  for  the  convenience  and  comfort  of  the 
citizens  are  necessarily  subject  to  daily  inspection. 
Under  this  head  good  pavements  must  be  included,  and 
not  only  well  constructed,  but  well  kept  pavements.  The 
visitor  to  a  city  often  derives  his  first  estimate  of  its 
enterprise  from  the  quality  and  general  appearance  of 


316  New  Era  Civics 

its  pavements.  It  is  needless  to  say  that  neglected 
and  damaged  roadways  are  an  unfailing  sign  of  careless 
local   government  and   perhaps   of  deficient  civic   pride. 

Pavements  littered  with  waste  paper  or  other  refuse 
are  as  unsightly,  if  not  as  dangerous,  as  broken  pave- 
ments. A  city's  care  of  the  streets  does  not  end  when 
the  winter's  deposits  are  removed  from  them  in  the 
spring  and  they  are  sprinkled  in  the  summer.  Thorough 
street  sweeping  by  gangs  of  "white  wings,"  as  they  are 
often  called,  is  one  sure  sign  of  good  municipal  house- 
keeping. A  famous  street  commissioner  in  New  York 
City,  Col.  George  Waring,  once  upon  a  time  startled 
that  big  community  by  dressing  his  sweeping  force  in 
white  working  uniforms.  At  first  the  costume  seemed 
out  of  place  in  the  midst  of  the  dirt  accumulations  and 
scattered  rubbish  on  a  city's  pavement.  But,  as  a  symbol 
of  cleanliness,  it  probably  gave  the  men  a  better  sense  of 
diligence  and  discipline,  and  it  put  an  entirely  different 
aspect  on  the  operation  of  street  cleaning.  Some  news- 
paper wag  christened  the  newly  uniformed  workers 
"white  wings" ;  and  so  they  were  termed  in  the  many 
other  cities  that  adopted  Colonel  Waring's  ingenious 
plan.  The  "white  wings"  do  not  always  remain  spotless, 
but  they  help  wonderfully  to  make  a  city  presentable, 
and  a  pride  to  its  people. 

10.  The  City  Parks. — The  parks  of  the  city  are 
among  its  most  valued  possessions.  Some  of  them  are 
inheritances  from  the  days  of  village  infancy,  but  in  most 
communities  the  parks  are  comparatively  new  creations, 
purchased  and  laid  out  in  pursuance  of  the  sound  policy 
of  keeping  the  city's  attractiveness  and  healthfulness 
abreast  of  its  growth. 

As  the  city  broadens  out,  one  of  the  first  concerns  of 
its  officials,  if  they  are  of  the  right  sort,  is  to  acquire 


City  Schools,  Service  and  Attractions    317 


L 

^ 

13i()wn  Bros. 

Where  Play  Varies  Study 

A    spacious    city    playground    of    the 
right    sort. 


park  lands,  generally  in 
the  suburbs  where  the 
cost  per  acre  is  relatively 
cheap.  Fortunate  are  the 
cities  where  such  sites, 
favored  with  a  generous 
proportion  of  trees  and 
shrubbery,  are  obtainable 
at  a  moderate  outlay.  The 
city  usually  pays  for  new 
park  lands  with  the  pro- 
ceeds of  special  bond  is- 
sues. This  is  one  of  the 
safest  financial  ventures  of  a  progressive  community, 
because  the  lading  out  of  a  new  park  always  encourages 
the  building  of  homes  in  the  vicinity  and  the  value  of 
the  park  increases  in  proportion  to  the  drift  of  population 

toward  its  neighborhood. 
Unlike  public  buildings 
or  other  city  structures,  a 
park  becomes  more  and 
more  useful  with  age  for 
the  purpose  to  which  it 
is  devoted.  Hence,  when 
long-time  bonds  issued 
for  park  reservations  are 
finally  paid  off,  the  citi- 
zens have  the  satisfaction 
of  knowing  that  the  in- 
vestment is  far  more  val- 
uable than  it  was  at  the 
beginning. 

Parks  not  only  add  im- 
mensely to  the  beauty  of 


iJl'OHU    JJlOS. 

Taking  a  Hand 

These  lads  from  a  civics  class  are  co- 
operating with  the  street  department 
in  preparing  some  back  lots  for  use  as 
a  playground  for  the  benefit  of  the 
small  children  of  the  neighborhood. 


318 


New  Era  Civics 


the  city,  but  they  are  particularly  to  be  priced  as  resorts 
for  rest  and  recreation  in  the  seasons  of  fine  weather, 
especially  for  the  poor,  who  are  denied  any  opportunity 
to  enjoy  summer  vacations. 

11.  The  Advent  of  the  Playground. — In  the  old  days 
parks  were  used  by  young  people  for  baseball  and  other 
games,  and  this  interfered,  in  the  case  of  the  smaller 
parks,  with  the  proper  care  of  the  grass  plots,  flower  beds 
and  the  other  natural  attractions  that  make  such  resorts 

inviting.  But  the  recrea- 
tion needs  of  youth  had  to 
l)e  provided  for.  To  meet 
this  want  public  play- 
grounds have  been  estab- 
lished in  up-to-date  cities. 
Here  the  youngsters  can 
indulge  in  outdoor  sports 
and  exercises  to  their 
hearts'  content  without 
fear  of  damaging  park 
lawns,  shrubbery  and  gar- 
dens. The  policy  of  pur- 
chasing blocks  or  parts  of 
blocks  covered  with  cheap 
buildings  in  congested 
sections  of  cities,  and  converting  them  into  playgrounds 
for  the  benefit  of  the  children  who  would  otherwise  do 
their  playing  in  the  streets,  is  now  a  popular  one  with 
enterprising  municipal  governments. 

12.  The  Trees  of  the  City. — Consideration  of  the 
parks  brings  us  to  a  closely  related  question — the  care 
of  the  city's  trees.  Stately  shade  trees,  set  at  proper 
intervals,  are  objects  of  beauty  and  sources  of  public 
comfort  on  residence  streets,  and  they  cannot  be  prized 


Brovvn  Bros. 

Sprucing  up  the  School  Grounds 

Civics     students    of    both     sexes     give 

their  attention  to  beautifying  the  High 

Scliool  surroundings. 


City  Schools,  Service  and  Attractions    319 

too  highly,  inasmuch  as  they  cannot  be  replaced  if  they 
are  permitted  to  die  from  neglect.  In  cities  that  are 
efficiently  governed  it  is  a  part  of  the  duty  of  the  park 
department  or  bureau  to  keep  watch  on  the  condition 
of  the  trees,  to  require  the  cutting  down  of  selected  trees 
where  the  street  row  is  overcrowded  and  to  guard  against 
the  insect  pests  that  too  often  destroy  valuable  trees. 
This  is  a  duty  in  the  performance  of  which  the  city 
officers  are  entitled  to  the  zealous  assistance  of  private 
householders. 

13.  The  Need  of  City  Planning. — In  the  matter  of 
general  attractiveness  the  city  can  attain  the  best  ideals 
only  by  scientific  planning.  The  city  that  "just  grows," 
like  Topsy,  may  struggle  along  in  a  way,  but  it  is  never 
a  model  city  to  live  in.  There  are  few  American  cities 
now-a-days  that  do  not  follow  some  well-considered  plan 
for  the  laying  out  of  new  streets.  When  you  see  an 
abnormally  narrow  street  in  a  city,  or  a  street  that  leads 
nowhere,  you  can  make  up  your  mind  that  it  is  a  relic 
of  certain  old  days  when  the  community  was  no  more 
than  a  group  of  homes  assembled  without  much  regard 
to  the  width  or  direction  of  its  roadways.  Such  cities 
have  learned  by  past  experience  that  their  further  de- 
velopment, at  least,  must  be  planned  on  proper  lines  if 
they  are  to  expand  in  the  right  way.  The  newer  cities 
have  profited  in  this  respect  from  the  examples  of  their 
older  sisters. 

The  modern  system  of  city  planning  began  with  the 
modest  efforts  of  far-seeing  officials  to  map  out  new 
streets,  or  extensions  of  existing  streets  with  greater  re- 
gard for  the  city's  residential  needs  and  to  insure  correct- 
ness of  outline  and  symmetry  of  future  growth.  In  time 
this  sensible  practice  of  looking  ahead  was  broadened  so 
as  to  include  other  city  activities,  among  them  the  laying 


320  New  Era  Civics 

of  sewers,  the  location  of  parks,  the  regulation  of  new 
building,  the  removal  or  prevention  of  street  obstructions 
and  of  defacements  like  offensive  bill-board  advertising. 
It  is  said  that  the  enchanting  White  City  at  the  Chicago 
World's  Fair  in  1893,  which  was  viewed  with  delight  by 
hundreds  of  thousands  of  visitors  from  every  section  of 
the  country,  gave  a  great  impetus  to  the  movement  for 
wiser  city  planning. 

14.  Commission  Powers  and  the  Zoning  System. — 
The  duty  of  city  planning  wherever  the  policy  is  adopted 
is  intrusted  to  a  commission  of  public  spirited  citizens, 
who  usually  serve  without  pay.  In  most  of  the  cities 
where  such  commissions  exist,  their  power  is  limited  to 
suggesting  plans  for  city  improvement  and  beautification 
which  the  responsible  authorities,  elected  by  the  people, 
can  adopt  or  reject  as  they  may  desire.  But  in  other 
cities,  in  which  public  opinion  is  more  particular  on  the 
subject,  the  city  planning  commission  is  armed  with 
larger  authority,  which  enables  them  to  enforce  the  re- 
forms and  regulations  necessary  for  carrying  out  their 
programs. 

The  commission  thus  organized  has  power  to  locate 
public  buildings,  monuments,  highways,  parks  and  play- 
grounds. It  exercises  a  still  greater  power  under  what 
is  known  as  ''the  zoning  system."  By  this  system  the 
city  is  divided  into  zones,  each  of  them  reserved  for 
certain  kinds  of  buildings.  For  example,  some  zones  are 
set  aside  chiefly  for  residences,  though  churches,  hos- 
pitals, libraries,  schools  and  museums  are  admitted. 
From  these  zones,  all  forms  of  business  and  manufacture 
are  excluded.  Other  zones  are  restricted  to  business  or 
commercial  purposes,  and  factories  are  barred.  The 
zones  of  the  third  class  are  open  to  factories  and  shops 
of  every  description,  and  any  kind  of  legitimate  industry 


City  Schools,  Service  and  Attractions    321 

can  be  here  established.  The  advocates  of  the  zoning  sys- 
tem claim  that  its  chief  merit  is  that  it  protects  fine 
residence  districts  from  invasion  by  structures  or  occupa- 
tions that  would  detract  from  their  beauty  and  value. 
The  division  of  cities  into  zones  that  permit  the  separa- 
tion of  its  various  activities  and  at  the  same  time  allow 
proper  seclusion  to  the  home  sections  is  now  regarded  by 
many  as  one  of  the  best  achievements  of  the  city-planning 
reform. 

The  general  mission  of  the  city-planning  commission 
is  to  direct  city  development  according  to  the  most  ap- 
proved principles  of  beauty  and  utility.  The  whole  sys- 
tem, in  its  modern  development,  seems  destined  to  grow 
in  public  favor. 

Question  Guide  to  Chapter  XVIII 

1.  For  what  vital  purpose  are  the  public  schools  supported  by 
the  city?  Is  the  mental  training  of  children  a  matter  of  choice 
with  parents  and  guardians?  What  is  the  theory  underlying  the 
system  of  compulsory  education? 

2.  How  are  the  funds  provided  for  the  support  of  the  schools? 
Why  is  school  taxation  made  general  instead  of  falling  on  the  parents 
benefited  ? 

3.  State  the  reason  why  the  public  library  is  a  valuable  agency 
of  education? 

4.  Mention  an  example  of  useful  social  service  that  became 
familiar  during  the  war  days. 

5.  To  what  class  of  service  is  the  term  "public  utilities"  applied? 
Name  some  of  the  forms  of  public  service  that  come  under  this 
head.  Are  they  rendered,  as  a  rule,  by  city  governments  or  by 
privately  owned  corporations?  How  does  the  water  supply  usually 
differ  from  other  kinds  of  public  utilities?  What  is  the  contract 
called  under  which  the  privately  owned  companies,  such  as  railway 
and  lighting  companies,  serve  the  public?  What  is  the  nature  of 
the  agreement;  and  what  are  some  of  the  privileges  it  confers  on 
the  companies?  What  right  does  the  city  or  the  State  assume  with 
regard  to  the  charges  of  such  companies  for  service? 


322  New  Era  Civics 

6.  What  is  the  relation  of  street  car  service  to  city  growth? 
What  problems  have  arisen  in  connection  with  this  service?  What 
difficulties  have  confronted  the  street  car  companies  during  and  since 
the  war  time?  When  the  companies  have  asked  for  an  increase  of 
fare,  what  question  has  come  to  the  front? 

7.  Explain  the  Service-at-Cost  agreement  which  some  cities 
have  adopted  in  determining  street  car  fares.  What  is  the  principle 
back  of  this  arrangement,  and  how  does  it  work?  What  is  the 
difference  between  the  bonds  and  stocks  of  railway  companies? 
What  merit  is  claimed  for  the  Service-at-Cost  system?  What  regu- 
lation do  the  States  enforce  in  the  interest  of  corporation  publicity? 
What  advantage  do  the  city  authorities  gain  from  these  publicity 
laws? 

8.  Tell  something  about  the  city's  system  of  business  and 
accounting.  For  what  class  of  public  undertakings  are  written  con- 
tracts required? 

9.  \\  hat  can  be  said  of  the  city's  duty  in  the  matter  of  street 
paving?  What  special  street  operation  is  considered  a  sign  of  good 
municipal  housekeeping?  What  is  the  origin  of  the  term  "white 
wings,"  as  applied  to  street  cleaners? 

10.  How  do  the  public  parks  rank  among  the  city's  possessions? 
What  is  the  policy  of  progressive  cities  with  regard  to  new  park 
sites?  How  does  the  city  generally  raise  funds  for  the  purchase  of 
park  lands?  Why  are  public  parks  considered  desirable  investments? 
What  double  benefit  does  a  city  derive  from  its  park  reservations? 

11.  \\  hy  is  it  considered  wise  to  supplement  the  parks  with 
public  playgrounds? 

12.  What  feature  of  street  attractiveness  in  the  residential  sec- 
tion calls  for  the  attention  of  the  city  authorities?  What  is  their 
responsibility  in  this  respect? 

13.  What  system  is  now  widely  adopted  for  directing  the  city's 
growth?  In  what  way  is  city  planning  especially  valuable  in  mapping 
out  the  city's  expansion?  To  what  kind  of  official  agency  is  city 
planning  commonly  entrusted?  What  is  the  present  scope  of  city- 
planning  operations  as  a  rule?  From  what  source  did  the  city-plan- 
ning movement  receive  a  powerful  impulse? 

14.  How  are  city-planning  commissions  usually  made  up  and 
how  do  their  members  generally  serve?  Indicate  the  difference  in 
the  powers  of  such  commissions.  What  general  power  is  possessed 
by  commissions  of  the  more  advanced  type?  Describe  the  "zoning 
system."    What  is  the  advantage  claimed  for  it? 


City  Schools,  Service  and  Attractions     323 

Test  Questions  and  Hints 

1.  Prepare  a  brief  composition  setting  forth  your  own  idea  of 
the  public  school  system  and  its  benefits. 

2.  Do  you  think  there  is  any  injustice  in  levying  a  general  tax 
for  the  support  of  the  schools,  in  preference  to  a  tax  only  on  the 
parents  or  guardians  of  the  children  attending  school?  [This  might 
be  an  interesting  subject  for  debate  by  a  civics  class.] 

3.  How  many  schools  does  your  city  conduct?  How  are  they 
graded?  What  is  the  total  attendance,  according  to  the  latest  report 
of  the  Superintendent  of  Schools?  What  is  the  number  of  high 
schools  and  the  enrollment  of  pupils  in  each? 

4.  How  and  by  what  official  authorities  are  the  school  affairs 
of  the  city  managed?  H  by  a  board  of  education,  state  the  number 
of  members. 

5.  How  are  the  Superintendent  of  Schools,  the  Assistant  Super- 
intendent or  Superintendents,  and  the  principals  and  teachers  of  the 
various  schools  appointed? 

6.  What  forms  of  social  service,  if  any,  such  as  thrift  kitchens 
and  lecture  courses  in  domestic,  or  household,  economy,  have  been 
established  in  your  city?  Are  annual  movements  for  spring  garden- 
ing included  in  this  line  of  local  work,  under  newspaper  auspices 
or  otherwise? 

7.  What  drawbacks  in  the  transportation,  lighting  or  other 
corporate  service  of  the  city  have  come  under  your  observation? 

8.  Do  you  consider  the  pavements  of  your  city  well  constructed 
and  well  kept?  What  in  your  opinion  is  the  best  paved  street  in 
your  city?  Is  the  local  street-cleaning  force  uniformed?  What  do 
you  think  of  Colonel  Waring's  plan  of  garbing  them  in  white? 

9.  Which  is  your  favorite  city  park,  and  why?  Would  you 
say  that  your  city  is  sufficiently  equipped  with  park  and  playground 
space? 

10.  Do  you  know  of  any  street  in  which  the  trees  are  too 
crowded? 

11.  If  there  is  a  city-planning  commission  in  your  community, 
can  you  name  its  members?  Do  you  know  of  any  sections  of  your 
city  that  might  be  improved  in  appearance  by  reasonable  attention 
from  the  commission? 

12.  Has  the  zoning  system  been  introduced  in  your  community? 
What  residence  blocks  of  your  city  include  structures  which  you 
consider  out  of  place  there? 


324  New  Era  Civics 

13.  Does  your  own  city  compare  favorably  in  general  attrac- 
tiveness with  other  cities  you  have  visited?  Are  there  tenement 
or  cheap  apartment  houses  in  your  city  so  overcrowded  and  unsani- 
tary as  to  be  unfit   for  occupancy? 

14.  What  is  the  population  of  your  city  according  to  the  United 
States  census  of  1920,  and  what  is  the  amount  of  the  increase  over 
1910?  Can  you  think  of  any  way  by  which  the  municipal  authorities 
or  civic  organizations  might  induce  more  outsiders  to  settle  in  your 
city  ? 


PART  V 

THE  PARTIES 


Brown  Bros. 


The  First  Inauguration 

George  Washington  Taking  the  Oath  of  Office  as  President 
of  the  United  States 


CHAPTER  XIX 

HOW    PRESIDENTS   ARE    NOMINATED 

The  choice  of  a  candidate  for  the  Presidency  is  so  strik- 
ing a  peculiarity  of  the  American  system  that  it  deserves  a 
full  examination. — James  Bryce  ["The  American  Democ- 
racy"]. 

1.  The  National  Party  Convention. — The  national 
convention  for  the  nomination  of  candidates  for  Presi- 
dent and  Vice  President  is,  in  the  case  of  the  leading 
parties,  among  the  most  interesting  and  dramatic  of  our 
political  institutions  or  processes.  It  is  also  unique  in 
the  sense  that  it  is  under  the  control  of  no  written  law, 
except  so  far  as  the  election  of  its  delegates  is  governed 
by  the  primary  laws  of  the  States. 

The  machinery  of  the  national  convention  is  first  set 
in  motion  by  the  existing  national  committee  of  each 
political  party.  All  the  States  are  represented  on  each 
national  committee.  The  custom  of  the  leading  parties 
up  to  1920  was  to  choose  one  member  of  the  committee 
from  each  State,  but  in  that  year  the  Democratic  party 
doubled  the  membership  by  adding  a  woman  member 
from  each  State  to  the  committee.  The  national  com- 
mittee usually  meets  some  time  in  the  winter  months 
preceding  a  political  campaign,  and  issues  its  call  for 
the  national  convention,  naming  the  date  and  selecting 
the  city  for  its  assembling.  In  this  call  the  party  in 
every  State  is  requested  to  select  its  allotted  number  of 
delega:tes  to  the  convention. 

^27 


328  New  Era  Civics 

2.  The  Membership  of  Conventions. — In  the  choice 
of  delegates  the  general  principle  of  selection  is  the  same 
in  the  two  leading  parties,  but  on  the  Republican  side 
it  has  been  modified  in  practice.  For  a  long  time  the 
plan  for  each  party  was  to  select  four  delegates-at-large 
for  each  State,  two  for  each  Federal  Senator ;  and  to 
name  two  other  delegates,  who  are  called  district  dele- 
gates, for  each  Congress  district.  Thus,  in  theory,  the 
entire  number  of  delegates  from  each  State  is  exactly 
double  the  number  of  its  Senators  and  Representatives 
in  Congress. 

The  Democratic  party  has  adhered  to  this  rule  of 
selection,  but  the  Republican  party  has  changed  it  to 
some  extent  by  allowing  only  one  delegate,  instead  of 
two,  to  districts  in  which  the  Republican  vote  is  less  than 
7,500.  The  purpose  of  this  change  was  to  limit  the 
representation  in  Republican  conventions  from  eleven 
Southern  States,  in  which  the  party  vote  is  small. 

To  illustrate  the  effects  of  these  two  different  rules, 
it  may  be  stated  that  the  Democratic  national  conven- 
tion of  1920  was  composed  of  192  delegates-at-large,  four 
for  each  of  the  48  States,  and  870  district  delegates,  two 
for  each  of  the  435  Congress  districts  in  the  country ; 
and  to  these  were  added  thirty  delegates  from  Alaska, 
Hawaii,  Porto  Rico,  the  Philippines  and  the  District  of 
Columbia — six  to  each  territory  or  dependency.  The 
total  was  thus  1,092.  The  total  for  the  Republican  con- 
vention was  984.  Under  the  Republican  rule  referred  to, 
88  Congress  districts  were  allowed  only  one  delegate 
each.  Of  these  two  were  in  New  York  city,  one  was  in 
Boston  and  the  other  85  were  in  the  South.  In  the 
Republican  convention  the  territories  were  represented 
by  ten  delegates — two  from  each — or  twenty  less  than 
the  Democratic  territorial  quota.    These  figures  account 


How  Presidents  Are  Nominated         329 

for  the  difference  of  108  in  the  membership  of  the  two 
national  conventions  of  1920. 

3.  How  Delegates  Are  Chosen. — The  delegates  pro- 
portioned to  the  Representatives  are  chosen  by  Con- 
gress districts.  Formerly  the  delegates-at-large  were 
appointed  at  State  conventions  and  the  district  delegates, 
usually,  at  conventions  held  in  Congress  districts.  But 
of  late  years,  with  the  spread  of  the  direct-primary  re- 
form, all  of  the  delegates  have  been  selected  in  most  of 
the  States  by  the  party  voters  at  the  primaries.  In  a 
number  of  States  not  only  are  the  delegates  elected  by 
direct  primaries,  but  under  a  system  known  as  "Presi- 
dential preferential  primaries"  the  voters  are  expected  to 
indicate  their  choice  for  President,  and  the  delegates 
elected  are  bound,  at  least  in  the  early  convention  ballot- 
ing, by  the  instructions  thus  given.  Thus,  when  a 
national  convention  assembles,  some  of  the  delegates  are 
pledged  in  advance  to  specified  candidates  under  the 
orders  they  have  received  from  their  home  constitu- 
encies. 

It  is  the  custom  of  the  parties  to  elect  an  "alternate," 
or  substitute,  for  each  regular  delegate,  to  take  the 
latter's  place  if  he  should  be  kept  away  by  illness,  or  for 
some  other  reason  absent  himself,  from  the  sessions. 

4.  Convention  Sites  and  Scenes. — The  leading  con- 
ventions are  held  in  cities  of  the  first  rank,  and  the 
national  committee  generally  gives  its  preference  to  some 
conveniently  located  city.  For  sixty  years  past  Chicago 
has  thus  been  favored  more  than  any  other  city.  In  1920 
the  Democratic  National  Committee  made  an  extreme 
departure  from  the  rule  by  choosing  San  Francisco  as 
the  place  for  its  party  gathering.  Of  necessity  the  lead- 
ing party  conventions  are  held  in  large  auditoriums, 
which  are  either  permanent  structures  in  big  convention 


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How  Presidents  Are  Nominated         331 

cities  or  temporarily  built  for  the  purpose.  The  pubHc 
attendance  at  such  affairs  measures  up  to  the  full  capacity 
of  the  hall,  which  is  usually  built  to  accommodate  from 
12,000  to  20,000  persons. 

Owing  to  the  popular  interest  excited  by  these  con- 
ventions and  the  gravity  and  importance  of  their  pro- 
ceedings, they  rank  high  among  the  dramas  of  real  life 
in  the  United  States.  The  great  crowds  are  wrought 
up  to  an  extreme  pitch  of  fervid  enthusiasm  by  occasional 
and  prolonged  outbursts  of  cheering  for  popular  candi- 
dates. This  intensity  of  emotion  and  the  variety  of 
human  coloring  in  a  mighty  assembly,  together  with  the 
music,  action  and  thrilling  excitement,  are  features  of  a 
spectacle  rarely  equaled,  and  never  forgotten  by  the  par- 
ticipants and  witnesses.  Convention  week  in  a  great  city 
is  always  a  red-letter  week.  There  is  no  mystery  in  the 
eagerness  with  which  civic  committees  from  such  com- 
munities bid  for  convention  privileges,  or  in  the  large 
funds  they  pledge  to  provide  conveniences  and  attractions 
for  the  throngs  of  visitors. 

5.  Convention  Proceedings. — A  convention  is  called 
to  order  by  the  chairman  of  the  national  committee  of  the 
party  conducting  it.  Its  session  is  then  opened  with 
prayer,  after  which  comes  the  roll-call  of  delegates.  The 
committee  chairman  also  names  the  temporary  chair- 
man of  the  convention,  who  makes  what  is  called  the 
"keynote"  speech.  This  committee's  choice  for  chair- 
man— a  sort  of  recognized  committee  right — is  generally 
accepted  by  the  convention,  but  in  some  notable  cases 
a  rival  nomination  has  been  made  for  the  post  of  presid- 
ing officer.  One  noteworthy  incident  of  this  kind  oc- 
curred at  the  Republican  convention  in  Chicago  in  1884, 
when  the  committee  selection  was  voted  dov/n  by  the 
convention ;  and  another  at  Baltimore  in  1912,  when  the 


332 


New  Era  Civics 


Democratic   committee's   choice   was   opposed,   but   was 
sustained  by  a  majority  vote. 

Another  feature  of  the  opening  parHamentary  pro- 
ceedings is  the  appointment  of  committees — one  on 
credentials,  a  second  on  resohttions,  and  a  third  on  per- 
manent organization.      The    last   named    committee   has 


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t  t 


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Underwood  &  Underwood. 

A  Pacific  Coast  Convention 

In  the  summer  of  1920  the  Democrats  held  their  national  convention  in  the 
Civic  Auditorium  at  San  Francisco.  This  convention  was  the  first  important 
national  party  gathering  held  on  the  Pacific  slope.  Prior  to  1920  the  most 
western  site  for  a  national  convention  of  one  of  the  great  parties  was  Denver, 
where    the    Democrats    met    in    1908. 

the  easiest  task,  particularly  as  the  temporary  organiza- 
tion is  often  made  permanent.  It  is  the  duty  of  the 
resolutions  committee  to  draft  and  submit  the  platform 
of  party  principles,  or  the  statement  of  claims  and  issues 
on  which  the  party  appeals  to  the  country.  It  is  the  duty 
of  the  credentials  committee  to  decide  contests  that  may 
have  occurred  for  seats  in  the  convention.     Both  of  these 


How  Presidents  Are  Nominated  333 

committees  are  charged  with  serious  responsibilities.  In 
nearly  every  convention  there  are  rival  claimants  for 
some  of  the  convention  seats,  and  the  settlement  of 
their  claims  sometimes  affect  the  interests  of  Presidential 
candidates.  In  the  Chicago  convention  of  1912  more  than 
seventy  seats  were  strenuously  contested  by  the  Taft 
and  Roosevelt  factions,  and  the  chief  interest  in  the  early 
stages  of  the  convention  centered  in  the  decisions  of  the 
committee  on  credentials.  Convention  contests  for  seats 
arise  from  the  disputed  elections  of  delegates  in  the  home 
districts.  For  a  long  time  they  have  been  most  numerous 
in  the  Republican  minority  party  in  the  Southern  States. 

It  is  important  to  note  that  members  of  convention 
committees  are  usually  designated  by  the  State  delega- 
tions. Each  delegation  forms  its  own  organization  be- 
fore the  convention  opens,  choosing  a  chairman  who 
serves  as  its  spokesman  at  the  sessions  of  the  convention. 
Though  the  delegations  are  supposed  to  name  the  mem- 
bers of  the  various  committees,  these  members  are  some- 
times chosen  in  advance  by  conventions  or  State  com- 
mittees in  the  respective  States  long  before  the  meeting 
of  the  convention. 

6.  Naming  and  Voting  for  Candidates. — Except  in 
conventions  where  the  result  is  clearly  indicated  in 
advance,  the  most  exciting  stage  is  reached  when  the 
balloting  for  Presidential  candidates  begins.  The  various 
candidates  are  first  placed  in  nomination  with  set 
speeches.  The  roll  of  States  is  called  in  alphabetical 
order  for  nominations,  beginning,  of  course,  with  Ala- 
bama. If  the  first  State  makes  no  response,  the  next 
one  is  called,  and  so  on.  As  soon  as  a  name  of  a  State 
is  reached  which  has  a  candidate  to  ofifer,  a  delegate 
from  that  State  rises  and  nominates  its  candidate.  It 
often  happens,  however,  that  the  delegation  from  a  State 


334  New  Era  Civics 

gives  way  to  a  delegate  from  the  State  in  which  its  pre- 
ferred candidate  resides,  and  the  spokesman  from  this 
second  State  deHvers  the  nominating  speech.  For 
example,  if  the  Arkansas  delegation  favors  Mr.  Brown 
of  Indiana  for  President,  the  chairman  of  the  Arkansas 
delegation  may  announce  that  his  State  yields  to  Indiana ; 
and  this  concession  gives  Indiana  its  chance  to  make  its 
Presidential  entry  early.  But  these  are  simply  parlia- 
mentary agreements  which  have  little  to  do  with  the 
result. 

When  the  nominations  have  all  been  made  and 
seconded,  the  roll  is  again  called  by  States.  For  each 
State  the  vote  of  the  delegates  is  cast  as  a  unit  by  the 
chairman  of  the  delegation,  or  the  delegation  is  divided 
between  two  or  more  candidates. 

7.  The  Two-thirds  Rule  and  Unit  Rule. — At  this 
point  we  must  note  a  marked  difference  in  the  Demo- 
cratic and  Republican  methods  of  choosing  Presidential 
candidates  by  ballot.  Since  the  introduction  of  the  con- 
vention system  back  in  the  thirties,  the  Democratic  party 
has  maintained  a  rule  requiring  a  two-thirds  vote  of  the 
convention  delegates  for  nomination  for  President  and 
Vice  President.  The  theory  underlying  this  arrange- 
ment was  that  by  insisting  upon  this  two-thirds  rule,  as 
it  has  always  been  called,  there  would  be  a  better  assur- 
ance that  the  will  of  the  party  would  prevail  than  if  a 
bare  majority  should  be  permitted  to  nominate.  Another 
reason  for  the  original  adoption  of  this  rule  was  the 
rivalry  between  the  Northern  and  Southern  sections  of 
the  party,  which  inspired  each  section  to  guard  against 
giving  the  other  a  strategic  advantage.  The  Republican 
party,  on  the  other  hand,  has  adhered  steadily  to  the 
majority  rule  in  making  nominations.  One  would 
naturally  suppose  that  the  Republican  conventions  would 


How  Presidents  Are  Nominated         335 

require  less  time  for  their  balloting  on  that  account ;  but, 
as  a  matter  of  fact,  there  has  been  little  difference  in  the 
experiences  of  the  two  parties  in  that  respect.  Where 
party  sentiment  strongly  favors  the  nomination  of  a 
given  candidate  for  the  Presidency  his  vote  in  the  con- 
vention naturally  exceeds  two-thirds  on  the  first  or  on 
a  later  ballot.  In  the  case  of  a  close  rivalry  for  the 
nomination  among  several  candidates,  a  considerable 
number  of  ballots  is  generally  taken,  whether  the  nomina- 
tion is  made  by  a  majority  or  by  two-thirds. 

The  unit  rule  is  one  requiring  all  the  delegates  from 
a  State  to  cast  the  same  vote  for  a  candidate  who  may  be 
favored  by  the  majority  of  them.  Let  us  suppose  that 
there  are  ten  delegates  from  a  State  and  six  are  for 
Mr.  Brown  and  four  for  Mr.  Smith  for  President,  and 
that  at  a  meeting  of  the  delegation  the  six  Brown  dele- 
gates carry  a  motion  that  the  entire  delegation  vote  in 
the  convention  as  a  unit.  In  that  event,  the  chairman 
during  the  balloting  casts  the  ten  votes  of  the  State  for 
Mr.  Brown,  and  the  Smith  minority  has  no  right  of 
protest.  Of  late  years  the  unit  rule  has  been  abandoned 
by  Republican  conventions.  It  was  still  prevalent  to 
a  great  extent  in  Democratic  conventions  up  to  1916.  In 
such  cases  the  convention  itself  adopted  the  unit  rule  for 
delegations,  or  the  delegations  were  ordered  by  home 
conventions  to  adopt  it,  or  the  delegations  themselves 
adopted  it,  according  to  circumstances. 

Even  in  Democratic  conventions,  however,  many  dele- 
gates are  now  left  free  to  declare  their  individual  prefer- 
ences. Sometimes  when  the  balloting  for  President 
is  prolonged  the  State  delegations  may  vote  to  rescind 
the  unit  rule.  In  the  Baltimore  convention  of  1912, 
which  gave  Woodrow  Wilson  his  first  nomination  for 
President,   comparatively   few   of   the   State   delegations 


336  New  Era  Civics 

clung  to  the  unit  rule  to  the  end,  and  some  of  them 
divided  from  the  very  beginning  of  the  balloting.  In 
1920  the  Democratic  national  convention  adopted  a  reso- 
lution abolishing  the  unit  rule  for  States  in  which  the 
district  delegates  are  chosen  by  the  party  voters  under 
direct-primary  law^s, 

8.  Convention  Contests. — Contests  over  the  reports 
of  credentials  and  platform  committees  are  uncommon 
in  national  conventions.  The  convention  generally 
accepts  them  without  debate.  But  like  other  convention 
rules  this  one  has  been  broken  on  memorable  occasions. 

For  example,  at  the  Democratic  national  convention 
in  Chicago  in  1896,  there  were  two  reports  from  the 
committee  on  platform  (the  declaration  of  principles). 
The  majority  report  declared  for  free  silver  and  the 
minority  report  strongly  opposed  that  stand.  In  the 
heated  controversy  which  followed  William  J.  Bryan 
delivered  a  remarkable  address  on  behalf  of  the  majority 
report.  To  the  powerful  effect  he  produced  upon  the 
delegates  to  the  convention  he  chieflv  owed  his  first 
nomination  for  the  Presidency,  though  his  name  had 
been  scarcely  mentioned  in  that  connection  before  the 
convention  met. 

At  the  Republican  convention  of  1912,  which  was 
the  scene  of  the  historic  party  breach  that  led  to  Theo- 
dore Roosevelt's  nomination  by  the  Progressive  party, 
the  report  of  the  committee  on  credentials  (or  contested 
seats)  was  the  principal  bone  of  contention.  It  was 
severely  condemned  by  the  Roosevelt  delegates. 

Our  leading  national  conventions  have  been  the 
scenes  of  stirring  displays  of  oratory,  but  in  late  years 
this  rhetorical  feature  has  not  been  so  marked  as  it  was 
from  twenty  to  fifty  years  ago.  This  we  may  partly 
attribute  to  the  decline  of  oratory  as  a  moving  force  in 


How  Presidents  Are  Nominated         337 

American  politics,  with  the  spread  of  newspaper  and 
magazine  reading  and  the  growing  importance  of  literary 
propaganda  in  Presidential  contests. 

9.  The  "Dark  Horse." — When  a  man  is  nominated 
by  a  national  convention  of  one  of  the  great  parties  whose 
name  has  not  been  previously  canvassed  in  connection 
with  that  honor,  he  is  known  in  political  parlance  as  a 
"dark  horse."  There  have  been  many  unexpected  Presi- 
dential nominations  by  party  conventions,  but  not  more 
than  five  real  "dark  horses"  have  been  discovered. 

The  first  appeared  in  the  convention  arena  in  1844, 
when  Martin  Van  Buren  was  defeated  for  the  Presi- 
dential nomination  by  James  K.  Polk.  Polk  had  been 
Speaker  of  the  House  of  Representatives  and  Governor 
of  the- State  of  Tennessee,  but  there  had  been  no  movement 
in  his  behalf  for  the  Presidential  nomination,  which  was 
generally  expected  to  go  to  ex-President  Van  Buren. 
The  two-thirds  rule  prevented  the  success  of  Van  Buren, 
who  had  a  majority  of  the  delegates  on  the  first  ballot; 
and  Polk  was  subsequently  pressed  as  a  compromise  can- 
didate and  nominated. 

Franklin  Pierce,  nominated  by  the  Democrats  in  1852, 
was  the  second  "dark  horse."  The  candidates  leading 
in  the  early  convention  balloting  were  James  Buchanan 
(afterwards  President),  Stephen  A.  Douglas,  Lewis  Cass, 
and  William  L.  Marcy.  Not  until  the  thirty-sixth  ballot 
was  Pierce's  name  presented  to  the  convention.  He  was 
nominated  on  the  forty-ninth  ballot. 

In  1868  the  Democratic  national  convention  nomi- 
nated its  chairman,  Horatio  Seymour  of  New  York,  by 
a  stampede  of  the  delegates  on  the  twenty-second  ballot, 
though  he  was  not  a  candidate  and  at  first  declined  the 
honor.  He  had  received  no  votes  of  delegates  in  the  long 
balloting,  except  nine  stray  ones  on  the  fourth  roll  call. 


338  New  Era  Civics 

The  fourth  "dark  horse"  was  General  James  A.  Gar- 
field of  Ohio,  who  was  nominated  by  the  Republican 
convention  at  Chicago  on  the  thirty-sixth  ballot,  after 
a  stubborn  contest,  chiefly  confined  to  General  Grant 
and  James  G.  Blaine.  Garfield  himself  had  supported 
John  Sherman,  whom  he  placed  in  nomination  in  an 
eloquent  speech.  Before  the  convention  there  had 
scarcely  been  a  serious  suggestion  of  Garfield's  can- 
didacy, though  he  had  been  an  influential  leader  of  his 
party  in  Congress.  Sherman  was  then  the  "favorite 
son"  of  his  home  State.  On  nearly  all  of  the  various 
ballots  Garfield  received  but  one  or  two  votes,  and  on 
some  none  at  all ;  but  on  the  thirty-fourth  ballot  seventeen 
delegates  voted  for  him,  and  this  proved  to  be  the  signal 
for  the  whirlwind  of  ballots  in  his  favor  which  gave  him 
the  nomination. 

Mr.  Bryan  may  be  called  the  fifth  of  the  dark  horses. 
He  was  such  in  the  sense  that  there  was  scarcely  a 
mention  of  his  possible  candidacy,  at  least  outside  of 
his  own  State,  before  the  Democratic  convention  of  1896 
met.  His  experience  differed  from  the  others  cited  in 
the  respect  that  he  received  119  votes  on  the  first  ballot. 

In  addition  to  these  surprising  developments,  there 
have  been  instances  where  candidates  with  only  a  mod- 
erate backing  on  the  earlier  ballots  have  steadily  gained 
strength  and  finally  won  the  prize  from  leading  com- 
petitors. Such  was  the  case  with  Rutherford  B.  Hayes 
of  Ohio  in  1876  and  Benjamin  Harrison  of  Indiana  in 
1888,  both  Republican  nominees.  The  nominees  of  1920, 
Senator  Warren  G.  Harding  and  Governor  James  M. 
Cox,  also  belong  in  this  group.  But  candidates  of  this 
type  cannot  be  classed  among  "dark  horses." 

10.  The  Second  Place  on  the  Ticket. — After  the  main 
business  of  a  convention  is  completed  by  the  choice  of 


How  Presidents  Are  Nominated  339 

a  Presidential  candidate,  the  naming  of  his  '  running 
mate,"  the  nominee  for  Vice  President,  excites  only  a 
limited  interest.  In  assigning  this  honor  the  aim  of  the 
convention  is  generally  to  select  a  candidate  who  is 
strong  in  a  doubtful  State — a  State  in  which  the  political 
parties  are  closely  matched — from  another  section  of  the 
country  than  that  in  which  the  home  of  the  Presidential 
nominee  is  located.  When  an  Eastern  man  is  chosen 
for  the  Presidency,  the  second  place  on  the  ticket  almost 
invariably  goes  to  the  West ;  and  the  reverse  of  this  rule 
is  followed  when  the  Presidential  candidate  hails  from 
the  West.  Since  the  Civil  War,  conventions  have  shown 
a  strong  preference  for  New  York  and  Indiana  in  choos- 
ing their  Vice  Presidential  nominees. 

11.  The  National  Committee. — With  the  selection  of 
the  national  tickets,  the  campaign  work  of  the  parties  is 
fairly  begun.  One  important  task  in  this  relation  is  the 
selection  and  organization  of  a  new  national  committee, 
Avhich  is  the  directive  force  in  the  canvass.  Its  member- 
ship is  determined  upon  by  the  State  delegations  to  the 
national  convention,  but  the  wishes  of  each  candidate  for 
President  are  decisive  in  the  selection  of  the  chairman 
of  the  committee. 


Question  Guide  to  Chapter  XIX 

1.  What  body  makes  the  preliminary  arrangements  for  national 
conventions  ? 

2.  What  was  for  many  years  the  plan  followed  by  the  leading 
parties  in  their  selection  of  convention  delegates?  How  many  con- 
vention delegates  are  named  from  each  State?  The  four  delegates 
representing  the  two  Senators  are  known  as  what?  What  do  the 
district  delegates  represent?  How  was  the  rule  modified  by  the 
Republican  party?  As  a  result,  what  was  the  difference  in  size  of 
the  Democratic  and  Republican  National  conventions  in  1920? 


340       •  New  Era  Civics 

3.  How  are  the  district  delegates  chosen?  How  are  the  dele- 
gates-at-large  appointed  or  elected?  What  is  the  purpose  of  the 
Presidential  preferential  primaries  adopted  by  some  States? 

4.  Where  are  conventions  held?  Name  some  of  the  striking 
features  of  a  convention. 

5.  How  is  the  convention  called  to  order  and  opened?  What 
are  the  principal  convention  committees?  What  is  the  duty  of  the 
resolutions  committee?  Of  the  credentials  committee?  Are  the 
claims  to  seats  in  the  convention  ever  disputed?  Cite  a  conspicuous 
incident.  By  whom  are  the  members  of  the  various  committees 
generally  named  and  what  representative  acts  as  spokesman  of  each 
State  delegation? 

6.  How  are  the  Presidential  candidates  first  placed  in  nomina- 
tion? How  does  the  convention  proceed?  When  a  State  has  a 
candidate,  how  does  it  answer  to  the  roll  call?  When  is  the  next 
roll  called?     How  does  each  State  cast  its  vote? 

7.  What  is  the  Democratic  system  of  voting  at  conventions? 
Give  reasons  assigned  for  the  adoption  of  the  two-thirds  rule. 
How  does  the  Republican  convention  rule  differ  from  the  Demo- 
cratic? Is  this  method  necessarily  time-saving?  What  do  you 
understand  by  the  "unit  rule"?  By  which  party  is  it  largely  en- 
forced? In  what  ways  may  the  delegates  be  instructed  to  adopt  this 
rule? 

8.  Are  the  reports  of  platform  committees  ever  disputed?  Give 
an  example. 

9.  What  is  a  "dark  horse"  candidate?  Who  was  the  first 
nominated?  Name  some  of  the  other  so-called  "dark  horses"  and 
give  some  of  the  circumstances  connected  with  their  nomination. 

10.  What  policy  is  usually  followed  in  nominating  the  Vice 
President?  What  States  have  frequently  been  favored  in  this  con- 
nection? 

n.  What  is  the  first  important  party  task  when  the  campaign 
is  launched?  By  whom  are  the  members  of  the  national  committee 
appointed?  How  is  the  chairman  of  the  national  committee  generally 
chosen? 


CHAPTER  XX 

HOW  PRESIDENTS  ARE  ELECTED 

The  mode  of  the  President's  appointment  presented  one 
of  the  most  difficult  and  momentous  questions  that  occupied 
the  deliberations  of  the  assembly  that  framed  the  Constitu- 
tion.— Chancellor  James  Kent. 

1.  The  Electoral  College. — Presidents  are  in  effect 
elected  by  the  votes  of  the  people  in  the  different  States. 
But  the  method  of  election  prescribed  by  the  Constitu- 
tion is  curiously  indirect  and  also  ingenious.  The 
method  itself  and  the  reasons  for  it  are  an  interesting 
and  necessary  branch  of  political  study. 

The  easiest  and  simplest  way  to  provide  for  the  elec- 
tion of  Presidents  would  have  been  by  direct  vote  of 
the  people.  But  this  plan  did  not  find  favor  with  the 
makers  of  the  Constitution.  They  decided  that  it  would 
be  safer  in  a  republic  which  was  of  the  nature  of  a  bold 
experiment  in  popvilar  self-government,  to  establish  an 
intermediate  agency  for  the  choice  of  the  President. 
Hence  the  creation  of  the  body  known  as  the  Electoral 
College. 

In  pursuance  of  this  purpose,  the  Constitution  or- 
dained that  "each  State  shall  appoint  in  such  a  manner 
as  the  Legislature  thereof  may  direct  a  number  of 
Electors,  equal  to  the  whole  number  of  Senators  and 
Representatives  to  which  the  State  may  be  entitled  in 
Congress."     It  was  to  these  electors  that  the  choice  of 

341 


342  New  Era  Civics 

the  President  was  confided.  They  were  originally  re- 
quired to  meet  in  their  respective  States  and  to  vote, 
each  of  them,  for  two  persons.  The  person  who  should 
receive  the  largest  number  of  votes  of  Electors  was  to  be 
the  President  and  the  person  having  the  next  largest 
number,  the  Vice  President ;  provided,  however,  that  a 
clear  majority  of  all  the  Electors  had  voted  for  the  two 
leading  candidates.  In  cases  where  the  two  leading 
candidates  were  tied,  or  where  none  of  the  candidates  had 
a  majority,  it  was  required  that  the  House  of  Represen- 
tatives should  elect  the  President  and  the  Senate  the  Vice 
President. 

In  1804  this  provision  was  altered  by  the  Twelfth 
amendment,  by  which  each  Elector  was  obliged  to  cast 
separate  ballots  for  President  and  Vice  President.  The 
need  of  this  change  was  felt  in  1800,  when  Thomas  Jef- 
ferson and  Aaron  Burr  received  the  votes  of  exactly  the 
same  number  of  Electors.  As  a  result,  the  election  went 
to  the  House  of  Representatives  where  the  strife  aroused 
much  excitement  and  bitterness.  Fortunately  for  the 
country,  Burr  was  defeated  in  the  House;  but  this  un- 
pleasant experience  pointed  to  the  desirability  of  a  sep- 
arate vote  in  the  Electoral  College  for  President  and 
Vice  President. 

2.  The  Original  Plan. — Inasmuch  as  the  Legislature 
of  each  State  was  authorized  to  decide  how  the  Presi- 
dential Electors  should  be  appointed,  the  system  was 
far  removed  from  direct  election  of  President  by  the 
people.  Furthermore,  there  was  nothing  in  the  Constitu- 
tion to  keep  the  Electors  from  exercising  absolute  free- 
dom of  choice.  Their  very  title  of  "Electors"  implied 
such  freedom.  They  were  to  be  appointed  to  discharge 
a  certain  duty,  to-wit,  the  election  of  a  President  and 
Vice    President.      No   limit   was   set   to   their    discretion 


How  Presidents  Are  Elected  343 

except  that  the  men  for  whom  they  voted  should  possess 
certain  quaHfications  of  age,  nativity  and  residence  in 
order  to  be  eligible  for  the  office.  The  Legislature  in 
each  State  was,  of  course,  chosen  by  its  voters,  but  the 
voters  had  nothing  to  say  about  the  method  of  appointing 
the  Electors  and  no  way  of  controlling  them.  Theo- 
retically, therefore,  the  Electoral  College  was  an  inde- 
pendent body  created  every  four  years,  by  methods 
designated  by  the  Legislatures,  to  perform  a  specified 
task. 

3.  A  Radical  Change. — But  it  was  not  very  long 
before  the  plan  of  giving  the  Electors  discretionary  power 
to  elect  Presidents  was  quietly  changed.  Today  the 
Presidential  Electors  are  chosen  directly  at  the  polls  in 
all  the  various  States.  They  are  pledged  in  advance  to 
specified  candidates  for  the  Presidency.  When  they 
are  chosen  at  the  polls  they  are  bound  by  every  con- 
sideration of  honor,  though  not  by  any  constitutional 
mandate,  to  carry  out  their  pledges. 

At  the  beginning  the  methods  of  appointing  Electors 
adopted  by  the  State  Legislatures  varied.  In  some  States 
the  Legislatures  named  the  Electors  directly.  In  others 
it  passed  laws  providing  for  the  choice  of  Electors  by 
the  voters  in  Congress  districts.  In  still  others,  the 
Legislature  authorized  the  voters  to  name  the  Electors 
on  a  general  State  ticket.  For  some  years  the  three  dif- 
ferent methods  were  in  force.  Gradually  the  first  two 
were  abandoned,  and  finally  the  third  became  universal. 

4.  Electors  as  Mere  Agents. — In  the  meantime  the 
Electors  had  given  up  every  right  of  personal  preference 
in  the  choice  of  President.  Indeed,  it  may  be  said  that, 
although  the  Constitution  conferred  upon  them  full  power 
of  decision — at  least  to  the  extent  of  opposing  no  bar  to 
its  free  exercise — the  Electors  were  always  responsive  to 

23 


How  Presidents  Are  Elected  345 

public  or  party  opinion.  In  1788  and  1792,  they  registered 
the  popular  demand  by  voting  unanimously  for  Wash- 
ington. In  1796,  the  first  Electoral  contest  for  President 
arose,  and  the  Federalist  Electors  supported  Adams,  then 
clearly  the  choice  of  the  new  party.  In  1800  the  Repub- 
Hcan  party  of  that  day  was  similarly  committed  to  Jef- 
ferson, and  the  Jefferson-Burr  tie  was  an  accident. 
Thereafter,  the  chosen  Electors  were  generally  regarded, 
and  regarded  themselves,  as  mere  registers  of  the  popular 
will  in  their  respective  States. 

5.  How  the  Electors  are  Assigned. — It  is  seen  that 
bv  the  constitutional  provision  each  State  is  entitled  to 
a  number  of  Electors  equal  to  the  total  number  of  its 
Senators  and  Representatives  in  Congress.  This  point 
may  be  illustrated  by  reference  to  three  States,  New 
York,  Nevada  and  Ohio — the  most  populous  State,  the 
least  populous  State,  and  a  State  of  the  middle  class,  re- 
spectively. In  1920  New  York  had  forty-three  Represen- 
tatives in  Congress,  in  addition  to  its  two  Senators,  and  its 
electoral  vote  was  therefore  forty-five.  Nevada  had  two 
Senators  and  only  one  Representative,  and  its  electoral 
vote  was  three  ;  while  Ohio,  with  twenty-two  Representa- 
tives and  two  Senators,  was  credited  with  twenty-four 
electoral  votes.  At  that  time  the  entire  membership  of 
the  Senate,  representing  forty-eight  States,  was  96  and 
of  the  House  of  Representatives  435.  The  total  electoral 
vote  for  the  entire  country  was  therefore  531. 

6.  Where  the  Smaller  States  Benefit. — One  effect  of 
this  ingenious  system  of  Presidential  selection  is  to  give 
the  smaller  States  of  the  Union  a  larger  influence  in  the 
choice  of  President  than  they  could  claim  if  their  num- 
ber of  Electors  should  be  determined  by  population  alone. 
Whatever  its  size,  each  State  is  entitled  to  two  Electors 
for   its   two    Senators,   and   this   confers   upon   the   little 


346  New  Era  Civics 

States  an  advantage  in  the  Electoral  College  similar  to 
that  which  they  possess  in  the  matter  of  representation, 
in  the  Senate. 

7.  Plurality  Versus  Majority. — Another  important 
and  exceptional  feature  of  the  electoral  system  is  still 
to  be  considered.  The  Electors  for  each  State  are  chosen 
by  a  plurality  vote  at  the  polls. 

It  should  here  be  explained  that  the  plurality  vote 
is  that  which  leads  all  the  others ;  while  a  majority 
vote  exceeds  all  the  others  combined.  Thus,  if  Mr.  A. 
has  50,000  votes  for  a  certain  office,  and  Mr.  B.  has 
45,000  and  Mr.  C.  40,000,  ^Ir.  A.  is  elected  by  a  plurality 
of  5,000,  his  lead  over  his  nearest  competitor.  But  Mr.  A. 
lacks  a  majority.  Why?  Because  the  total  vote  for  his 
two  rivals  is  greater  than  his.  But  suppose  that  Mr.  A. 
has  80,000,  Mr.  B.  35,000,  Mr.  C.  20,000.  In  that  event 
Mr.  A.  has  a  plurality  of  45,000  (his  lead  over  Mr.  B.)  ; 
and  he  also  has  a  clear  majority  of  25,000,  because  he  has 
that  many  votes  more  than  Mr.  B.  and  Mr.  C.  put  to- 
gether. The  political  student  should  always  keep  in 
mind  this  distinction  between  majority  and  plurality  in 
examining  election  returns. 

No  matter  how  small  the  plurality  for  the  Electors 
in  a  given  State,  the  candidate  receiving  it  is  credited 
with  the  full  electoral  vote  of  the  State,  This  leads  to 
some  very  curious  results.  To  cite  an  extreme  case, 
in  1884  the  Electors  for  Grover  Cleveland  carried  New 
York  State  by  only  1,047  plurality  against  the  Elec- 
tors for  James  G.  Blaine,  in  a  total  vote  of  nearly  1,200,- 
000.  In  the  same  contest  the  Blaine  Electors  led  the 
Cleveland  Electors  in  Vermont  by  more  than  22,000  in 
a  total  vote  of  less  than  60,000.  In  consequence,  the 
entire  number  of  Electors  in  New  York — thirty-six  at 
that  time — was  given  to  Cleveland,  while  Blaine  gained 


How  Presidents  Are  Elected  347 

only  the  four  Electors  of  Vermont.  In  that  election,  by 
the  way,  New  York  was  a  so-called  pivotal  State — that  is 
to  say,  Cleveland  could  not  have  been  elected  without 
it — so  that  a  change  of  only  600  votes  of  his  small  New 
York  plurality  would  have  lost  him  the  Presidency. 

8.  State  Influence  in  Electoral  Contests. — This  inci- 
dent is  worth  recalling  because  it  illustrates  what  is  con- 
sidered one  of  the  merits  of  the  electoral  system.  This 
merit  insures  to  the  larger  States  their  due  influence  in 
deciding  the  results  of  Presidential  elections,  even  where 
they  are  almost  evenly  divided  politically.  We  have 
already  seen  that  Vermont,  a  one-sided  State  politically, 
cast  a  much  larger  plurality  for  its  favored  Electors  than 
did  New  York  in  1884.  But  New  York  had  nine  times 
as  much  influence  as  Vermont  in  determining  the  national 
outcome.  This  inequality  was  justified  by  the  difference 
in  their  total  votes  at  the  polls  and  also  of  their  total 
populations.  In  a  word,  the  electoral  plan  has  this  recom- 
mendation, that  it  respects  the  claims  of  all  the  States  to 
representation  in  the  Electoral  Colleged  based  on  popu- 
lation. 

9.  Elections  by  the  House. — To  fully  comprehend 
the  past  exi^erience  of  the  country  with  the  electoral 
system,  it  is  necessary  to  dip  a  little  more  into  history. 
It  must  always  be  kept  in  mind  that  a  majority  of  the 
Electoral  College  is  necessary  for  the  choice  of  a  Presi- 
dent and  Vice  President.  We  have  already  seen  that  as 
a  result  of  the  election  of  1800,  Jefferson  and  Burr  were 
tied  in  the  Electoral  College,  and  the  contest  was  there- 
fore transferred  to  the  House  of  Representatives,  where 
Jefferson  was  finally  chosen.  Incidentally,  it  mvist  be 
stated  that  when  the  election  is  thus  shifted,  the  Con- 
stitution requires  that  the  vote  of  the  House  must  be 
taken,   not  by   individual   members,  but  by   States,  the 


348  New  Era  Civics 

vote  of  the  majority  of  each  State  delegation  being 
counted  as  a  single  unit. 

On  another  historic  occasion,  the  Electors  failed  to 
make  a  majority  choice,  and  the  House  was  again  called 
upon  to  elect.  In  the  Presidential  contest  of  1824,  the 
chosen  Electors  were  divided  among  no  less  than  four 
candidates  of  the  dominant  Republican  party — Andrew 
Jackson  of  Tennessee,  John  Quincy  Adams  of  Massa- 
chusetts, William  H.  Crawford  of  Georgia  and  Henry 
Clay  of  Kentucky.  They  had  been  placed  in  nomination 
by  Congressional  or  State  legislative  caucuses,  as  the 
custom  then  was.  In  six  States  the  Electors  were  ap- 
pointed by  the  Legislatures,  and  in  the  rest  of  the  States, 
eighteen  in  number,  they  were  chosen  by  popular  vote, 
either  on  general  tickets  or  by  Congress  districts.  When 
the  result  became  known  in  December  following  the 
November  election — for  those  were  days  of  slow  com- 
munication by  mail  coaches  or  other  primitive  agencies — 
it  was  found  that  Jackson  had  99  Electors,  Adams  84, 
Crawford  41,  and  Clay  Z7 .  As  the  number  necessary  to 
a  majority  choice  was  131,  there  was  no  election  by  the 
Electors ;  and  in  the  House  of  Representatives  Adams 
triumphed. 

As  the  first  miscarriage  of  this  kind  led  to  the  adop- 
tion of  the  Twelfth  amendment,  so  the  second  resulted 
in  two  important  changes  in  our  political  system.  One 
was  a  marked  progress  toward  uniformity  in  the  method 
of  naming  Presidential  Electors.  Eight  years  later,  all 
of  the  States  but  South  Carolina  and  Maryland  chose 
their  Electors  on  a  general  State  ticket.  The  other  inno- 
vation was  the  appearance  in  1831  of  the  first  national 
nominating  convention,  of  the  kind  with  which  we  are 
now  familiar.  With  the  advent  of  the  nominating  con- 
vention, the  danger  of  any  mishap  in  the  Electoral  Col- 


How  Presidents  Are  Elected  349 

lege  was  immensely  lessened.  In  fact,  the  election  of 
John  Quincy  Adams  was  the  last  occasion  on  which  the 
House  was  required  to  perform  its  contingent  function 
of  electing  a  President. 

10.  The  Electoral  Commission  of  1877. — There  was 
one  other  grave  interruption  of  the  normal  processes  of 
the  electoral  system.  In  1876  the  memorable  contest 
between  Rutherford  B.  Hayes  of  Ohio,  Republican,  and 
Samuel  J.  Tilden  of  New  York,  Democrat,  for  the  Presi- 
dency, resulted  in  a  threatening  conflict  of  party  claims. 
There  were  369  Electors,  of  whom  184  were  conceded  to 
Tilden  and  166  to  Hayes;  but  both  parties  claimed  the 
nineteen  remaining  Electors — from  Florida,  Louisiana 
and  South  Carolina.  The  dispute  was  bitter  and  stub- 
born, and  for  a  time  menacing.  It  related  not  only  to 
the  validity  of  the  respective  party  claims  but  also  to  the 
method  by  which  the  electoral  votes  should  be  counted  in 
Congress.  Finally,  the  moderate  men  on  both  sides  agreed 
to,  and  carried  through,  a  plan  for  an  Electoral  Commis- 
sion composed  oi  five  Justices  of  the  Supreme  Court, 
five  Senators  and  five  Representatives,  to  review  the 
returns  from  the  contested  States.  The  commission,  as 
chosen  by  each  of  the  interested  bodies,  comprised  eight 
Republicans  and  seven  Democrats,  and  it  was  by  this 
party  division  that  the  disputed  electoral  votes  were 
awarded  to  Hayes.  Hayes's  total  was  thus  advanced  to 
185,  exactly  the  number  necessary  to  a  choice. 

This  was  the  only  time  when  a  Presidential  election 
was  decided  by  an  agency  outside  of  the  Constitution. 
With  the  three  exceptions  mentioned,  the  result  has 
always  been  determined  by  the  majority  vote  of  the 
Electors. 

Only  in  one  instance  has  the  Federal  Senate  per- 
formed the  function  of  electing  a  Vice  President.     That 


350  New  Era  Civics 

was  in  1837,  when  Richard  M.  Johnson  of  Kentucky,  Van 
Buren's  running  mate,  received  exactly  one-half  of  the 
votes  of  the  Electoral  College — 147,  or  23  fewer  than 
were  cast  for  Van  Buren  for  President.  As  there  was 
no  majority  choice  for  Vice  President,  the  contest  went 
to  the  Senate,  which  elected  Johnson. 

11.  Two  Odd  Developments. — The  records  of  our 
national  contests  show,  among  other  things,  that  it  is 
quite  possible  for  a  President  to  be  declared  elected  who 
has  failed  to  obtain,  through  his  Electors,  a  plurality  of 
the  voters  of  the  entire  country  at  the  polls.  In  the 
Tilden-Hayes  contest,  250,000  more  votes  were  cast  for 
the  Tilden  Electors  than  for  the  Hayes  Electors.  Again, 
in  1888,  Benjamin  Harrison  was  victorious  with  233  Elec- 
toral votes  to  168  for  President  Cleveland ;  but  the  popu- 
lar vote  for  the  Cleveland  Electors  in  all  the  States 
exceeded  that  for  the  Harrison  Electors  by  nearly  100,- 
000.  In  every  other  Presidential  election  since  the  system 
of  nominating  conventions  was  introduced,  the  candi- 
date who  led  in  the  Electoral  College  also  led,  through 
his  Electors,  at  the  polls — that  is  to  say,  in  the  popu- 
lar vote  as  it  appeared  in  the  returns  from  all  the 
States. 

In  the  various  States  the  names  of  the  Electors  are 
grouped  on  one  ballot.  The  almost  universal  custom 
of  the  voter  is  to  vote  for  the  entire  set  of  Electors  rep- 
resenting the  party  he  prefers.  But  it  occasionally  hap- 
pens that  some  of  the  voters,  owing  to  personal  prejudice 
or  from  another  motive,  refuse  to  vote  for  one  or  more 
of  the  Electors  on  their  party  ticket.  As  a  result,  when 
the  State  is  very  closely  divided,  the  electoral  vote  is 
sometimes  "split."  In  1916,  for  example,  the  supporters 
of  Hughes  carried  the  State  of  West  Virginia  against 
President  Wilson.     But  one  of  the  Democratic  Electors 


How  Presidents  Are  Elected  351 

led  the  opposing  Republican  Elector  and  later  cast  his 
vote  lor  Wilson. 

12.  The  Electoral  Canvass. — The  Constitution  pre- 
scribes no  time  for  the  meeting  of  the  Electors  and  the 
recording  of  their  votes.  It  simply  requires  them  to 
meet  in  their  respective  States ;  to  name  by  ballot  their 
preferences  for  President  and  for  Vice  President;  to  pre- 
pare lists  of  such  votes,  and  to  transmit  them  signed  and 
sealed  "to  the  seat  of  government,"  directed  to  the  Presi- 
dent of  the  Senate.  That  officer,  says  the  Constitution, 
"shall  in  the  presence  of  the  Senate  and  House  of  Repre- 
sentatives, open  all  the  certificates,  and  the  votes  shall 
then  be  counted."  The  dates  and  methods  of  the  whole 
procedure  are  determined  by  an  act  of  Congress.  This 
law  directs  that  the  Presidential  Electors  shall  meet  and 
cast  their  votes  on  the  second  Monday  in  January  follow- 
ing their  election,  and  that  the  two  branches  of  Congress 
shall  assemble  in  joint  session  to  count  the  ballots  on  the 
second  Wednesday  in  February  succeeding  the  meeting 
of  the  Electors. 

Question  Guide  to  Chapter  XX 

1.  In  what  document  is  the  method  of  electing  a  President  pre- 
scribed? What  body  decides  how  the  Electors  shall  be  chosen? 
How  many  Electors  are  there  to  each  State?  How  were  the  Electors 
originally  instructed  to  vote  for  President?  ^^■hat  determined  his 
election?  In  the  event  of  a  tie  or  lack  of  majority,  what  was  the 
proceeding?  When  was  this  provision  altered  and  by  what  means? 
How  were  the  Electors  then  instructed  to  vote?  Give  reason  for 
this  change  in  the  Constitution. 

2.  What  was  the  power  originally  conferred  upon  the  Electors? 

3.  \^■hat  is  expected  of  the  candidate  for  Elector  when  the  peo- 
ple vote  for  such  candidate?  Under  the  original  system  of  selecting 
Electors,  what  methods  were  employed?  Which  method  is  now 
used  exclusively? 


352  New  Era  Civics 

4.  Did  the  first  Electors  exercise  absolute  discretion  in  their 
choice  of  President  or  were  they  influenced  by  public  sentiment? 
Cite  an  example. 

5.  How  do  the  Electors  compare  in  number  with  the  Senators 
and  Representatives  in  Congress?  How  is  a  proper  proportion 
maintained?  Give  three  illustrations  of  State  representation  in 
the  Electoral  College. 

6.  What  advantage  is  derived  by  the  smaller  States  from  the 
electoral  system  and  how  is  this  apparent? 

7.  When  are  the  Electors  for  each  State  chosen  at  the  polls — 
that  is,  by  the  voters?  What  is  a  plurality  vote?  Indicate  the 
difference  between  a  majority  vote  and  a  plurality  vote.  State 
the  contrast  between  the  New  York  and  Vermont  votes  in  1884. 

8.  How  does  the  system  of  Electors  protect  the  political  in- 
fluence of   States  according  to  their  populations? 

9.  Does  the  Electoral  College  elect  the  President  by  a  majority 
or  by  a  plurality  vote?  When  the  Electoral  College  fails  to  elect, 
how  is  the  vote  of  the  House  of  Representatives  taken?  In  what 
year  was  the  first  national  nominating  convention  held? 

10.  Tell  of  the  one  instance  in  which  a  President  was  elected 
outside  of  the  Constitution  and  tell  the  method  of  reaching  a 
decision. 

11.  Is  it  possible  for  a  President  to  be  elected  who  has  not 
received  the  entire  plurality  of  the  votes  of  the  country  cast  for 
the  Electors  at  the  polls?  How  are  the  names  of  the  Electors  to 
be  voted  for  presented  to  the  people?  What  is  the  usual  custom 
of  the  voter  and  when  this  method  is  not  adopted  what  is  sometimes 
the  result? 

12.  Does  the  Constitution  assign  a  time  for  the  meeting  of 
Electors  or  the  recording  of  their  votes  ?  What  is  the  Constitution's 
simple  requirement?  Quote  verbatim  the  mandate  of  the  Constitu- 
tion as  to  the  counting  of  the  Electoral  vote  in  Congress. 


CHAPTER  XXI 
PARTY   HISTORY— I 

All  free  governments  are  party  governments. — ^James  A. 
Garfield. 

1.  The  Original  Parties. — In  every  government  of 
the  earth  where  the  right  of  suffrage  is  exercised  and 
where  the  will  of  the  people  is  heeded  in  the  shaping  of 
national  policies  or  the  making  of  national  laws,  the 
tendency  of  voters  is  to  divide  into  political  parties.  It 
was  therefore  natural  that  our  American  forefathers,  after 
winning  their  independence  and  assuming  the  responsi- 
bility of  self-government,  should  find  reason  for  political 
disagreement. 

The  first  two  American  parties  have  gone  into  history 
as  the  Federalists  and  the  Anti-Federalists.  Their  orig- 
inal dividing  issue  was  whether  the  new  Constitution 
was  a  good  thing  in  itself,  and  whether  it  should  be 
ratified.  Nine  of  the  twelve  States  represented  in  the 
Constitutional  convention,  or  three-fourths,  were  neces- 
sary to  adopt  the  Constitution.  The  crusade  for  and 
against  ratification  was  really  the  first  of  our  party  con- 
tests. Those  who  favored  ratification  were  classed  as 
Federalists.  Standing  firmly  on  the  principle  that  the 
need  of  the  hour  was  "a  more  perfect  union,"  they 
formed  a  pretty  united  body.  The  Anti-Federalist  op- 
position was  equally  resolute,  but  was  far  from  har- 
monious. Some  of  its  leaders,  like  Patrick  Henry  of 
Virginia,  attacked  the  Constitution  because  they  honestly 
believed   that  it  endangered   State  rights  and  therefore 

353 


354  New  Era  Civics 

popular  liberty.  Others  did  the  same  because,  as  advo- 
cates of  paper  money,  they  feared  that  the  Constitu- 
tion, by  forbidding-  any  State  to  make  anything  but  gold 
and  silver  a  legal  tender  for  the  payment  of  debts,  would 
work  to  the  disadvantage  of  the  debtor  class.  There 
were  still  other  opponents,  big  men  in  their  States,  who 
imagined  that  their  political  influence  would  be  destroyed 
under  a  central  government. 

But  although  the  Anti-Federalists  looked  at  the  matter 
from  different  angles,  and  were  inspired  by  different 
motives,  they  were  at  least  strong  enough  to  imperil 
the  Constitution.  They  were  particularly  strong  in  the 
leading  States.  In  the  Massachusetts  convention  the 
majority  for  the  Constitution  was  only  nineteen ;  in 
the  New  York  convention  it  was  saved  from  rejection 
by  a  majority  of  three,  while  in  Virginia  the  majority 
for  approval  was  only  ten.  A  change  of  eighteen  votes 
in  these  three  States  would  have  blocked  ratification.  It 
might  easily  have  shipwrecked  the  Constitution,  as  North 
Carolina  first  rejected  it  and  Rhode  Island  hung  back 
until  1790.  But  when  the  ratification  was  completed,  the 
Anti-Federalists  ceased  to  be  a  distinct  political  force, 
though  the  name  survived  for  a  time. 

2.  The  Democratic-Republican  Party. — Washington 
was  elected  and  re-elected  without  opposition  as  a  Feder- 
alist. During  his  first  administration,  in  1791,  a  new 
political  party  took  form,  with  Thomas  Jefferson  and 
James  Madison  as  its  leaders.  It  accepted  the  Constitu- 
tion loyally,  but  it  disagreed  with  the  Federalist  inter- 
pretation of  the  Constitution  embodied  in  Hamilton's 
policy  as  the  first  Secretary  of  the  Treasury,  particularly 
in  his  creation  of  a  national  bank.  Hamilton  made  no 
secret  of  his  preference  for  a  strong  Federal  power. 
It  was  on  this  general  issue  that  his  opponents  united  to 


Party  History  355 

resist  him.  The  new  party  was  variously  known  as 
RepubHcan  and  Democratic-Republican.  We  may  call 
it  by  the  shorter  title,  though  the  student  must  not  con- 
fuse it  with  the  Republican  party  of  our  own  day.  As 
it  was  formed  to  combat  principles  of  which  Hamilton 
was  the  chief  exponent,  we  may  consider  him  as  distinctly 
the  leader  of  the  Federalist  party  in  1791  as  Jefferson 
was  the  leader  of  the  Republican  opposition. 

The  antagonism  of  the  two  parties  was  hot  from  the 
start.  By  1796  the  Republican  party  had  become  a  dan- 
gerous rival  of  the  Federalists.  Washington  had  de- 
clined a  third  nomination.  In  the  Presidential  contest  of 
that  year  the  Republican  leader,  Jefferson,  was  the  first 
choice  of  68  Electors,  against  71  for  the  Federalist  can- 
didate, John  Adams.  Not  only  was  it  an  exceedingly 
close  race,  but  it  was  the  last  Federalist  victory.  During 
Adams'  term  public  opinion  ran  strongly  against  his 
party,  for  two  chief  reasons.  One  was  the  alleged  sym- 
pathy of  his  administration  with  Great  Britain,  and 
against  revolutionary  and  republican  France.  The  second 
was  an  unpopular  measure  passed  by  a  Federalist  Con- 
gress, known  as  the  Alien  and  Sedition  act,  which  the 
Republicans  violently  denounced  as  a  wanton  interference 
with  free  speech  and  personal  liberty. 

This  law,  which  was  harshly  enforced  against  out- 
spoken newspapers  and  pamphlet  writers  hostile  to  the 
Adams  administration,  proved  too  heavy  a  load  for  the 
Federalist  party  to  carry.  In  1800  the  defeat  of  Adams 
by  Jefferson  marked  the  beginning  of  the  Federalist 
downward  grade.  Resistance  to  Jefferson's  principles 
and  policies  held  the  Federalist  party  together  through 
his  two  administrations.  In  1808  and  1812,  the  years  of 
James  Madison's  two  elections,  it  was  able  to  make  a 
respectable  showing  in  the  Electoral  College.    Its  opposi- 


356  New  Era  Civics 

tion  to  the  War  of  1812  with  Great  Britain  proved  to 
be  its  final  undoing,  and  in  the  contest  of  1816  its  in- 
fluence was  Httle  felt.  It  then  disappeared,  and  the 
Republican  party  was  left  in  undisputed  possession  of 
the  field,  with  no  visible  rival. 

The  electoral  figures  of  the  campaign  of  1820  tell  the 
story.  President  Monroe,  Republican,  was  re-elected 
without  opposition.  The  record  of  that  contest  shows 
that  231  Electors  voted  for  him,  and  one  for  John  Quincy 
Adams  of  Massachusetts.  That  single  dissenting  vote 
had  a  pleasant  sentimental  meaning.  All  of  the  Electors 
were  chosen  in  Monroe's  interest,  but  one  of  them,  a 
New  Hampshire  Elector,  cast  his  ballot  for  the  younger 
Adams  because,  as  he  explained,  he  was  unwilling  that 
any  other  man  should  match  Washington's  distinction 
as  the  unanimous  electoral  choice.  As  it  was,  Monroe 
had  the  credit  of  an  uncontested  election.  It  was  what 
he  himself  w^as  quoted  as  pronouncing  "an  era  of  good 
feeling."  Not  since  1820,  however,  has  the  phenomenon 
of  a  one-candidate  campaign  for  the  Presidency  been  wit- 
nessed in  the  United  States. 

3.  Division  Among  the  Republicans. — But  the  "era 
of  good  feeling"  was  too  strange  to  last.  In  1824  the 
Republican  party,  lacking  an  outside  competitor,  treated 
itself  to  a  spirited  contest  within  the  family.  It  developed 
no  less  than  four  serious  candidates  for  the  Presidency. 
They  were  General  Andrew  Jackson,  the  hero  of  the 
battle  of  New  Orleans ;  John  Quincy  Adams,  Monroe's 
Secretary  of  State ;  Williain  H.  Crawford,  Monroe's  Sec- 
retary of  the  Treasury,  and  Henry  Clay,  then  Speaker  of 
the  House  of  Representatives.  None  of  the  four  dis- 
tinguished candidates  obtained  the  votes  of  a  majority  of 
the  Electors.  Adams  was  chosen  by  the  House  of  Rep- 
resentatives through  the  powerful  influence  of  Speaker 


Party  History  357 

Clay.  Clay  later  entered  Adams'  Cabinet  as  Secretary 
of  State.  Jackson's  supporters  boldly  charged  that  the 
Clay  appointment  was  the  fruit  of  a  political  bargain. 
This  suspicion,  for  which  no  proof  was  furnished,  in- 
flamed their  resentment  at  the  defeat  of  their  candi- 
date, who  had  won  a  plurality  of  the  Electors  and  of  the 
popular  vote.     Four  years  later  they  had  their  revenge. 

4.  New  Party  Groupings. — Another  change  in  the 
names  and  alignment  of  the  political  parties  must  now 
be  recorded.  The  faction  enlisted  under  the  banner  of 
Jackson  and  in  opposition  to  the  Adams  administration 
began  to  call  itself  Democratic,  for  mere  distinction  more 
than  for  any  other  cause.  The  Administration  party, 
slightly  rechristened,  was  known  as  "National  Repub- 
lican." It  was  by  these  titles  that  the  two  parties  entered 
the  Presidential  contest  of  1828,  in  which  Jackson  was 
triumphantly  elected.  For  the  next  eight  years  party 
conflict  raged  around  the  towering  figure  of  President 
Jackson.  He  strengthened  his  hold  upon  the  public  favor 
by  two  notable  policies  and  acts.  These  were  his  long 
and  successful  fight  against  the  United  States  bank,  which 
had  become  a  powerful  financial  institution ;  and  the  firm 
stand  he  took  against  the  threat  of  South  Carolina  to  dis- 
regard, or  nullify,  the  tarifif  acts  of  1828  and  1832.  South 
Carolina's  menace  and  Jackson's  official  declaration  that 
he  would  use  the  whole  power  of  the  Union  to  maintain 
its  authority,  promised  serious  trouble  for  a  time. 

5.  The  Tariff  Issue  Makes  Its  Appearance. — The 
tariff  issue  has  influenced  the  course  of  American  politics 
in  more  than  one  exciting  national  campaign.  From  the 
first  days  of  the  Republic  a  tariff  or  tax  was  collected  for 
revenue  upon  articles  imported  from  foreign  countries. 
It  was  a  part  of  the  financial  program  presented  to  the 
First  Congress  by  Secretary  of  the  Treasury,  Alexander 


358  New  Era  Civics 

Hamilton.  In  this  memorable  report  Hamilton  not  only 
urged  a  tax  on  imported  articles,  but  pointed  out  that, 
while  revenue  was  the  principal  object  of  such  a  tax,  it 
would  also  have  the  effect  of  encouraging  domestic  manu- 
facture. "Duties  of  this  nature,"  he  wrote,  "evidently 
amount  to  a  virtual  bounty  on  the  domestic  fabrics,  since 
by  enhancing  the  charges  on  foreign  articles  they  enable 
the  national  manufacturers  to  undersell  all  their  foreign 
competitors."  He  added  that  such  taxes,  or  duties,  there- 
lore,  "wore  a  beneficent  aspect  towards  the  manufac- 
turers of  the  country."  In  this  report  are  revealed  the 
germs  of  "the  American  System,"  as  it  was  then  called, 
of  protection  to  home  industry. 

Hamilton's  idea  was  to  make  the  modest  scale  of 
duties  which  the  First  Congress  imposed  upon  merchan- 
dise imported  from  Europe  serve  the  double  purpose  of 
a  revenue  producer  and  a  barrier  against  outside  com- 
petition. During  the  War  of  1812  the  existing  duties 
were  doubled  to  supply  the  revenue  needs  of  the  Govern- 
ment, with  the  result  of  stimulating  the  country's  indus- 
trial activities.  After  the  war  there  was  a  strong  demand, 
particularly  in  the  New  England  States,  for  the  retention 
of  this  system  of  Protection.  A  general  tariff  act  passed 
in  1816  partly  satisfied  this  demand.  But  a  period  of  hard 
times  followed,  and  the  public  opinion  of  that  time  was 
divided  as  to  the  value  of  the  experiment. 

In  1823-24,  the  subject  of  tariff  legislation  was  revived 
in  Congress,  with  Henry  Clay  as  the  foremost  champion 
of  "the  American  System."  The  Tariff  of  1824  was 
framed  to  carry  out  in  some  degree  Clay's  principle  that 
protection  should  be  a  paramount  purpose  of  our  tariff 
policy.  Four  years  later  it  was  followed  by  a  measure 
called  by  its  opponents  "the  tariff  of  abominations,"  be- 
cause many  of  its  heaviest  duties  were  designed  to  favor 


Party  History  359 

special  interests,  principally  the  manufacture  of  woolen 
goods.  This  act  was  revised  in  1832,  but  by  this  time 
opposition  in  the  South,  largely  a  cotton-growing  and 
agricultural  section,  had  developed  into  a  bitter  prejudice 
against  the  tarifif,  which  was  held  to  be  chiefly  helpful 
to  industrial  New  England.  The  antagonism  of  South 
Carolina,  as  we  have  seen,  flamed  into  open  resistance, 
which  was  answered  with  a  counter-demonstration  from 
President  Jackson.  But  a  more  serious  collision  was 
averted  by  a  compromise  tariff  enacted  in  1833  under 
Clay's  guidance.  There  were  three  more  general  re- 
visions of  the  tariflf  before  the  Civil  War. 

Before  the  South  Carolina  agitation  had  reached  a 
crisis  another  event  of  real  historic  importance  was 
recorded.  It  was  the  first  national  convention  of  any 
American  political  party.  The  distinction  of  holding  this 
convention  belongs  to  the  so-called  Anti-Masonic  party — 
an  organization  formed  to  combat  secret  orders.  This 
convention  assembled  at  Baltimore  on  September  26, 
1831,  and  nominated  William  Wirt  of  Maryland  for  the 
Presidency.  Later  the  same  year  a  National  Republican 
convention  met  in  the  same  city  and  nominated  Henry 
Clay  for  President.  (Baltimore  was  also  the  scene  of  the 
first  Democratic  National  Convention,  held  in  March, 
1832.)  Its  only  function,  however,  was  to  name  the  Vice 
Presidential  candidate,  Martin  Van  Buren,  inasmuch  as 
the  renomination  of  President  Jackson  had  already  been 
decreed  by  the  action  of  his  party  followers  in  the  several 
States.  Thereafter  all  the  Presidential  candidates  of  the 
several  parties  were  placed  in  nomination  by  national 
gatherings  commissioned  for  the  purpose. 

6.  Advent  of  the  Whig  Party. — In  the  ensuing  con- 
test Jackson  was  easily  re-elected  over  Clay.  The  Na- 
tional   Republican   party   then   made    its   exit   from    the 

24 


360  New  Era  Civics 

political  stage,  and  it  was  succeeded  by  a  new  rival  of 
the  Jacksonian  Democracy,  in  the  shape  of  the  Whig 
part}-,  organized  in  1834.  It  was  a  strange  combination 
of  varied  political  interests,  including  as  it  did  not  only 
the  advocates  of  "the  American  System"  of  protection, 
but  many  who  sympathized  with  the  South  Carolina 
attempt  to  nullify  tariff  laws.  Aside  from  its  tariff 
policy,  which  was  Clay's  chief  contribution,  the  new 
organization  owed  its  strength  at  the  beginning  to  a 
formidable  rally  of  political  enemies  of  Jackson.  But 
the  time  had  not  yet  come,  nor  was  it  to  come  until  over 
forty  years  had  passed,  for  the  tariff  to  serve  as  a  fore- 
most issue  in  American  politics.  The  tariff  issue  was  not 
without  its  influence  in  the  Whig  campaigns  that  fol- 
lowed, but  it  was  soon  overshadowed  by  the  far  more 
disturbing  question  of  slavery. 

The  Whig  party  made  its  Presidential  debut  in  1836, 
and  it  sustained  a  severe  defeat.  Jackson  had  bowed  to 
the  unwritten  law  against  a  third  term,  but  he  was  strong 
enough  to  name  his  own  successor  as  the  Democratic 
standard-bearer,  Martin  Van  Buren,  who  received  170 
Electoral  votes  against  a  divided  Whig  opposition.  There 
were  no  less  than  four  Whig  candidates,  including  Daniel 
W^ebster,  who  was  credited  with  fourteen  Electoral  votes. 
The  leading  Whig  Avas  William  Henrv^  Harrison,  a  popu- 
lar hero  of  the  War  of  1812  and  of  the  later  Indian 
wars,  who  had  derived  his  familiar  title  of  "Tippecanoe" 
from  his  victory  over  the  Indians  in  the  battle  of  that 
name. 

In  1837  occurred  the  most  violent  financial  panic  in 
our  history  up  to  that  time,  and  it  was  followed  by  a 
long  business  depression.  From  this  the  Whig  party 
benefited.  It  is  the  uniform  rule  of  politics  that  the  party 
in  power  suffers  from  a  period  of  "hard  times."     With 


Party  History  3j61 

Harrison  as  a  candidate  and  John  Tyler  as  his  running 
mate,  the  Whigs  marched  to  a  decisive  victory  in  1840 
under  the  slogan  of  "Tippecanoe  and  Tyler,  too."  The 
death  of  Harrison  a  month  after  his  inauguration  was 
followed  by  a  breach  between  President  Tyler  and  the 
Whig  party;  but  in  1844  it  was  able  to  make  a  strong 
bid  for  popular  support  by  the  nomination  for  President 
of  its  leader  and  idol,  Henry  Clay.  Van  Buren  was  again 
the  leading  candidate  for  the  Democratic  nomination. 
The  party  selected  in  his  stead  James  K.  Polk  of  Ten- 
nessee, who  had  scarcely  been  mentioned  in  advance  for 
the  honor  and  who  therefore  became  the  first  "dark  horse" 
of  our  Presidential  politics. 

7.  The  Slavery  Issue. — By  this  time  the  slavery  issue 
had  become  acute.  In  the  late  thirties  an  agitation  for 
the  abolition  of  slavery  had  been  launched  in  the 
Northern  States,  and-  particularly  in  Massachusetts, 
though  it  had  made  little  headway  as  an  independent 
movement.  But  the  question  assumed  a  deeper  gravity 
with  the  demand  for  the  annexation  of  Texas,  to  which 
the  Democratic  party  was  committed  in  the  campaign  of 
1844.  To  all  observers  the  annexation  of  Texas  meant  the 
extension  of  slavery  in  the  largest  State  of  the  Union, 
and  it  was  fiercely  opposed  by  the  anti-slavery  elements 
in  both  parties.  On  this  issue  Clay  had  wavered,  and  he 
probably  lost  more  than  he  gained  by  his  course.  Both 
the  Whig  and  Democratic  parties,  it  should  be  remem- 
bered, had  powerful  Southern  factions  which  were 
strongl}-  bent  on  protecting  slavery  at  all  points.  It  was 
not  until  1856  that  a  distinct  line  of  separation  appeared 
between  the  leading  parties  on  the  slavery  issue. 

Clay  was  defeated,  and  during  the  Polk  administra- 
tion our  war  with  Mexico  took  place.  One  of  its  results 
was  to  give  the  Whig  party  in  1848  a  military  hero  for 


362  New  Era  Civics 

a  Presidential  candidate  in  the  person  of  General  Zachary 
Taylor.  Meanwhile,  there  were  signs  of  disruption  in 
the  Northern  Democracy  growing  out  of  the  controversy 
of  the  extension  of  slavery — a  controversy  made  more 
troublesome  by  the  Mexican  war  and  our  acquisition  of 
hundreds  of  thousands  of  square  miles  of  fresh  territory 
in  the  West  and  Southwest.  This  condition,  added  to  his 
own  popularity,  insured  Taylor's  election.  It  was  the 
second  and  the  last  of  the  Presidential  triumphs  of  the 
Whig  party.  President  Taylor  died  in  July,  1850;  and 
in  1852  the  Whigs  conducted  their  final  campaign  with 
another  Mexican  W'ar  hero.  General  Winfield  Scott,  as 
their  unsuccessful  candidate. 

8.  Questions  of  Great  Moment. — From  1848  onward 
the  slavery  question  held  the  center  of  the  political  stage, 
until  in  1861  the  growing  agitation  culminated  in  the 
Civil  War.  In  the  fifteen  years  before  the  firing  on  Fort 
Sumter  many  critical  developments  occurred.  The 
Northern  States  resisted  the  return  of  escaped  slaves. 
There  was  a  contest  over  the  admission  of  California 
(acquired  from  Mexico)  as  an  anti-slave  State.  Con- 
gress passed  the  famous  Clay  Compromise  bills  of  1850, 
admitting  California  as  a  free  State,  organizing  New 
Mexico  and  Utah  into  territories,  without  reference  to 
slavery,  abolishing  the  slave  trade  in  the  District  of 
Columbia  and  strengthening  the  Fugitive  Slave  laws. 
The  pro-slavery  and  anti-slavery  interests  struggled  for 
the  possession  of  Kansas  territory.  Finally,  in  1854  the 
Kansas-Nebraska  bill  was  passed,  giving  resident  voters 
the  right  to  decide  for  themselves  whether  slavery  should 
be  established  in  or  excluded  from  the  territories.  Dur- 
ing the  last  stormy  decade  before  the  Civil  W^ar,  the 
Democrats  elected  two  Presidents — Franklin  Pierce  in 
1852,  and  James  Buchanan  in  1856. 


Party  History  363 

9.  A  New  Republican  Party. — A  new  political  era 
was  opened,  however,  with  the  birth  of  the  Republican 
party  in  1854.  That  event  followed  hard  upon  the  enact- 
ment of  the  Kansas-Nebraska  bill,  which  had  stirred  much 
indignation  in  the  North.  Even  while  it  was  under  dis- 
cussion a  mass  meeting  of  former  Whigs  and  Free  Soil 
Democrats  assembled  at  Ripon,  Wisconsin,  resolved  that 
if  the  Kansas-Nebraska  bill  were  passed  they  would  "or- 
ganize a  new  party  on  the  sole  issue  of  the  non-extension 
of  slavery."  The  measure  became  a  law  in  May,  and  a 
few  weeks  later,  or  on  July  6th,  the  Republican  party 
was  launched  by  name  at  a  State  convention  held  in 
Jackson,  Michigan.  This  example  was  followed  by  other 
Western  conventions  in  the  same  month. 

The  general  purpose  of  the  new  organization  was  to 
furnish  a  resting  place  and  rallying  ground  for  the  anti- 
slavery  elements  of  the  older  parties,  and  outside  of  them. 
Among  those  were  the  dissatisfied  Whigs,  the  Free  Soil 
Democrats,  the  Abolitionists,  and  the  anti-slavery  wing  of 
a  recently  credited  body  known  as  the  American  party. 
The  Republican  party  grew  rapidly.  But  like  its  Whig 
parent  it  had  to  experience  one  Presidential  defeat  before 
it  struck  the  highway  to  victory.  Four  years  later  it 
faced  a  Democratic  opposition  split  on  the  rock  of 
slavery.  Abraham  Lincoln,  the  successful  Republican 
candidate,  entered  the  White  House  on  IMarch  4,  1861, 
and  then  came  the  Civil  War. 

10.  The  Early  Minor  Parties. — While  the  leading 
parties  were  making  their  early  struggle  for  control, 
several  minor  parties  flitted  across  the  political  stage. 
Of  these  only  the  Anti-Masonic  party,  the  Abolition 
party,  the  Free-Soil  party,  and  the  American,  or  Know- 
Nothing,  party,  need  be  mentioned.  The  Anti-Masonic 
party,  which  was  pledged  to  overthrow  the  order  of  Free 


364  New  Era  Civics 

Masons,  started  in  Western  New  York  in  1826,  but  it 
never  developed  serious  strength. 

The  Abolition  party,  organized  for  the  extermination 
of  slavery,  named  a  candidate  for  President  in  1840  and 
1844,  and  then  it  disappeared  as  an  independent  political 
factor,  after  having  contributed  to  Clay's  most  bitter 
defeat. 

The  Kree-Soil  party  was  primarily  an  ofifshoot  of  the 
Democratic  party  in  New  York.  It  took  a  stand  against 
the  extension  of  slavery  and  adopted  the  attractive  slogan 
of  "Free  Soil,  Free  Speech,  Free  Labor  and  Free  Men." 
At  a  convention  held  in  Buffalo  in  1848  it  nominated 
Martin  Van  Buren  for  President  and  Charles  Francis 
Adams  of  Massachusetts  (afterwards  our  Minister  to 
England  during  the  Civil  War)  for  Vice  President.  The 
Free  Soilers  polled  nearly  300,000  votes  on  election  day, 
but  gained  no  Presidential  Elector.  Four  years  later  they 
cast  about  half  as  many  votes  for  John  P.  Hale  of  New 
Hampshire.  Before  the  election  of  1856  came  around, 
the  party  was  dissolved,  many  of  its  members  joining 
■the  new  Republican  party  and  the  rest  returning  to  their 
former  Democratic  allegiance.  Former  Free  Soilers  at- 
tained great  prominence  and  influence  in  the  Republican 
party  not  only  in  Congress  but  in  all  of  the  Northern 
States. 

Of  the  minor  organizations  the  Know-Nothing  party 
was  the  most  formidable.  It  first  showed  signs  of  vitality 
in  New  York  and  Pennsylvania  in  the  mid-thirties,  as  a 
secret  society  formed  to  oppose  the  election  of  other  than 
native  citizens  to  political  office.  In  1854  and  1855  this 
curious  American  party  was  victorious  in  nine  State  elec- 
tions, and  in  the  former  year  it  sent  forty  of  its  members 
to  the  House  of  Representatives. 


Party  History  365 

Question  Guide  to  Chapter  XXI 

1.  What  were  the  first  two  political  parties  called?  What  was 
the  cause  of  their  first  differences?  When  did  the  Anti-Federalists 
cease  to  be  a  factional  force? 

2.  What  party  elected  Washington?  Tell  something  of  the 
origin  of  the  Democratic-Republican  party.  Give  names  of  leaders 
of  each  party  in  1791.  When  was  the  last  Federalist  victory?  What 
were  the  chief  reasons  for  disruption  of  the  Federalist  party?  What 
was  the  peculiarity  of  the  Presidential  election  in  1820? 

3.  Give  some  of  the  facts  relative  to  the  division  in  the  Repub- 
lican party. 

4.  When  did  the  Democratic  party  appear?  What  was  the 
Democratic-Republican  party  then  rechristened?  In  what  year  did 
the  two  new  parties  enter  their  first  Presidential  contest? 

5.  What  was  the  tariff  issue?  When  was  the  first  tariff  revenue 
collected?  What  special  benefits  did  Hamilton  foresee  from  this 
taxation?  How  was  this  taxation  affected  by  the  war  of  1812? 
In  what  year  after  that  was  the  first  general  tariff  act  passed? 
What  followed?  When  was  the  tariff  controversy  again  revived? 
Give  a  resume  of  tariff  legislation  before  the  Civil  War. 

6.  When  was  the  Whig  party  organized?  In  what  Presidential 
year  did  it  first  figure?  Name  the  candidates  and  some  of  the  cir- 
cumstances connected  with  this  campaign. 

7.  What  vital  issue  entered  into  national  politics  during  the 
existence  of  the  Whig  party? 

8.  During  what  years  did  the  slavery  issue  absorb  political 
attention?  Name  some  of  the  serious  developments  of  the  fifteen 
years  previous  to  the  Civil  War. 

9.  Tell  something  of  the  origin  of  the  Republican  Party  and 
the  circumstances  attending  it.  What  was  the  general  purpose  of 
its  organization?  Mention  some  of  the  various  elements  that  joined 
its    forces. 

10.  Name  some  of  the  minor  parties  that  sprang  into  existence 
before  the  Civil  War.  Which  was  most  important  of  the  minor 
parties?    What  was  its  purpose? 


CHAPTER  XXII 

PARTY    HISTORY— II 

In  a  vigilant,  jealous  and  active  opposition  there  is  great 
security  against  the  misuse  of  power  by  those  zvho  hold 
it. — George  Ticknor  Curtis. 

1.  The  Republican  Lease  of  Power. — With  the  in- 
auguration of  Lincoln,  the  Republican  party  entered  upon 
a  lease  of  power  at  Washington,  which,  so  far  as  the 
control  of  the  executive  departments  was  concerned, 
lasted  for  twenty-four  years.  The  story  of  the  Civil 
War  belongs  to  the  domain  of  general  history  and  only 
its  effect  upon  the  fortunes  of  the  two  leading  parties 
need  be  sketched  here.  During  the  war  the  Republican 
party  held  its  ground  without  difficulty  against  an  opposi- 
tion hopelessly  weakened  by  the  secession  of  the  Con- 
federate South.  In  1864  the  Democratic  party  had  no 
political  program  to  offer  that  could  prevail  against  the 
confidence  of  the  people  of  the  Northern  States  in  Lin- 
coln and  against  their  determination  to  push  the  war 
to  a  successful  ending.  The  Democratic  candidate  for 
President,  General  George  B.  McClellan,  received  only 
21  Electoral  votes  to  Lincoln's  219.  In  this  division  the 
eleven  States  of  the  Confederacy  were,  of  course,  unrep- 
resented. After  Lee's  surrender  at  Appomattox,  new 
political  issues  were  created  by  Democratic  opposition 
to  Republican  measures.  One  of  these  was  the  military 
rule    established    by   the    Republicans   in    the    Southern 

366 


Party  History  367 

States.  Another  was  the  Republican  plan  of  Reconstruc- 
tion, as  it  was  called — meaning,  the  gradual  restoration 
of  the  Southern  States  to  the  Union.  In  the  years  that  fol- 
lowed, party  strife  was  largely  centered  in  the  three  Con- 
stitutional amendments,  the  Thirteenth,  Fourteenth  and 
Fifteenth,  which  were  intended,  respectively,  to  abolish 
slavery,  to  confer  upon  the  colored  men  the  status  of 
citizens  and  to  forbid  any  State  to  deny  them  the  voting 
privilege  on  account  of  their  "race,  color,  or  previous  con- 
dition of  servitude." 

The  work  of  Reconstruction  went  on  apace,  and  in 
the  spring  of  1870  the  last  of  the  seceding  States,  Texas, 
was  readmitted  to  the  Union  and  to  representation  in 
Congress.  Meanwhile,  the  public  agitation  over  the  ques- 
tions growing  out  of  the  Civil  War  was  aggravated  by 
a  bitter  controversy  between  President  Andrew  Johnson, 
Lincoln's  constitutional  successor,  and  the  Republican 
majority  of  Congress.  Partly  as  a  result  of  the  Presi- 
dent's resistance  to  the  general  Reconstruction  policy  of 
Congress,  the  House  instituted  impeachment  proceedings 
against  him,  but  the  Senate  failed  to  convict  by  a  vote 
which  lacked  only  one  of  the  constitutional  two-thirds 
majority.  This  was  in  1868;  and  in  the  same  year  the 
Republicans  nominated  for  President  the  chieftain  of  the 
Union  armies  in  the  late  war,  Ulysses  S.  Grant,  who  won 
an  overwhelming  victory  over  his  Democratic  opponent, 
Horatio  Seymour  of  New  York. 

Under  the  first  administration  of  General  Grant 
policies  were  developed  and  political  scandals  occurred 
which  led  to  a  revolt  in  his  party.  The  discontented 
faction,  which  was  known  as  Liberal  Republican,  named 
Horace  Greeley  as  its  Presidential  candidate.  The  Demo- 
crats endorsed  this  choice,  though  Greeley  had  until 
recently  been  recognized  as  one  of  their  fiercest  enemies. 


368  New  Era  Civics 

For  a  time  the  fusion  of  interests  promised  well,  but 
President  Grant's  popularity  and  prestige  carried  him 
through  easily.  He  was  elected  for  a  second  term  by 
heavy  majorities  both  at  the  polls  and  in  the  Electoral 
College. 

2.  The  Democratic  Revival. — The  time  was  now  at 
hand  for  a  break  in  the  continuity  of  Republican  power. 
Several  causes  contributed  to  this  result,  among  them  the 
weakening  of  the  war  issues  with  time,  and  the  spread 
of  a  more  kindly  Northern  feeling  toward  the  South. 
But  the  most  powerful,  no  doubt,  was  the  financial  panic 
that  broke  out  in  1873  and  the  hard  times  that  followed 
it.  In  1874  a  Democratic  House  of  Representatives  was 
chosen,  the  first  in  more  than  fifteen  years.  The  same 
party  elected  Governors  in  all  the  doubtful  States  of 
the  North. 

One  of  these  Governors,  Samuel  J.  Tilden  of  New 
York,  was  the  Democratic  candidate  for  President  in 
1876,  and  the  convention  which  nominated  him  adopted 
"Reform"  as  its  slogan,  with  particular  reference  to  the 
exposure  of  certain  corrupt  rings.  Incidentally,  the  tariff 
issue  again  made  its  appearance,  owing  to  the  demand 
in  the  Democratic  platform  that  "all  custom-house 
taxation  shall  be  only  for  revenue."  This  meant  that 
duties  on  imports  should  be  imposed  without  regard  to 
the  Protection  which  was  the  keynote  of  Henry  Clay's 
policy  fifty  years  before.  The  Republicans  nominated 
Governor  Rutherford  B.  Hayes  of  Ohio,  and  their  chief 
issues  were  an  appeal  to  Northern  distrust  of  Democratic 
sympathies  with  the  South,  and  a  series  of  attacks  upon 
the  political  and  business  record  of  the  Democratic  can- 
didate. 

One  of  the  most  exciting  campaigns  in  the  country's 
history  followed.     On  account  of  the  disputed  canvass 


Party  History  369 

for  Presidential  Electors  in  the  Stcates  of  South  Caro- 
lina, Louisiana  and  Florida,  the  anxious  interest  of  the 
public  in  the  final  outcome  continued  for  three  months 
or  more  after  election  day.  Then  an  Electoral  Commis- 
sion, especially  created  by  Congress  to  pass  upon  the 
returns,  awarded  the  victory  to  Hayes. 

In  the  next  twelve  years  the  two  great  parties  com- 
peted on  nearly  equal  terms  for  success  in  the  national 
contests.  So  closely  were  the  Presidential  battles  waged 
that  the  returns  from  the  single  pivotal  State  of  New 
York  were  the  determining  influence.  That  State  gave 
its  vote  to  James  A.  Garfield,  Republican,  over  General 
Winfield  Scott  Plancock  in  1880 ;  to  Grover  Cleveland, 
Democrat,  over  James  G.  Blaine  in  1884  ;  and  to  Benjamin 
Harrison,  Republican,  over  President  Cleveland  in  1888. 
In  each  case  the  candidate  who  led  in  the  Electoral 
College  would  have  been  defeated  if  New  York  had  voted 
the  other  way. 

In  the  conflicts  of  1880  and  1884  the  tariff  question 
was  agitated  by  both  parties  to  some  extent,  but  not 
until  1888  did  it  become  really  decisive.  In  his  regular 
message  to  Congress  in  December,  1887,  President  Cleve- 
land took  a  bold  stand  for  a  radical  reduction  of  the  exist- 
ing tariff  and  particularly  for  the  removal  of  the  duty 
from  raw  wool.  The  Republican  party  accepted  the  chal- 
lenge. In  the  Presidential  election  of  the  following 
year  the  voters  were  required  to  pass  judgment  upon 
the  sharply  defined  issues  of  Protection  and  Tariff  Re- 
form.    They  pronounced  for  Harrison  and  a  high  tariff. 

It  is  necessary  to  recall  here  that  customs  duties 
had  been  materially  advanced  during  the  Civil  War  to 
increase  the  government's  revenues,  and  that  the  war 
rates  had  been  revised  by  a  tariff  bill  enacted  in 
1883.     Under   the   operation  of  this   measure,  the   yield 


370  New  Era  Civics 

of  revenue  was  greater  than  the  needs  of  the  Federal 
Treasury,  and  the  resulting  surplus  was  one  of  the  rea- 
sons given  by  President  Cleveland  for  a  reduction  of 
duties.  In  1890  the  Republican  Congress,  acting  upon 
the  people's  instructions  involved  in  the  election  of  Har- 
rison, passed  the  McKinley  Tariff  act,  thus  named  in 
recognition  of  the  Representative  who  introduced  it, 
William  McKinley,  Chairman  of  the  Ways  and  Means 
Committee  of  the  House.  The  immediate  effect  was  an 
advance  in  the  prices  of  many  commodities,  and  the  re- 
sult was  disastrous  to  the  party  in  power.  The  Demo- 
crats swept  the  country  in  the  Congressional  contests  of 
1890.  Two  years  later,  Cleveland,  a  Presidential  can- 
didate for  the  third  time,  defeated  Harrison. 

3.  The  Panic  of  1893. — Scarcely  was  Cleveland  in- 
augurated for  the  second  time  when  clouds  appeared  on 
the  national  horizon.  In  the  spring  of  1893,  the  Treasury 
surplus  had  been  converted  into  a  shortage,  and  another 
financial  storm  broke.  It  was  at  least  partly  charged 
to  the  operation  of  a  law  enacted  in  1890  and  known  as 
the  Sherman  Silver  Purchase  act.  Under  this  act  the 
Treasury  was  obliged  to  purchase  a  vast  quantity  of 
silver  bullion  every  month  and  issue  silver  certificates 
against  it  for  general  circulation.  In  the  last  weeks  of 
the  spring  there  were  ominous  signs  of  public  distrust 
of  the  new  currency  system.  The  demand  for  gold  at 
the  Treasury  and  the  New  York  Sub-Treasury  in  ex- 
change for  silver  certificates,  and  heavy  exports  of  the 
yellow  metal,  caused  a  rapid  shrinkage  of  the  $100,000,000 
gold  reserve  which  the  government  was  required  to  carry 
for  the  partial  redemption  of  its  paper  currency. 

A  destructive  financial  panic  set  in,  with  a  run  on 
the  banks,  particularly  in  New  York  and  other  large 
cities.      Hard-pressed   banks   by   the    score    closed   their 


Party  History  371 

doors.  The  violent  stages  of  the  panic  lasted  for  several 
weeks.  Its  severity  lessened  somewhat  when  it  was 
learned  that  the  President  would  call  a  special  session 
of  Congress  and  urge  the  repeal  of  the  Sherman  act. 
This  promise  was  carried  out,  and  the  law  was  revoked ; 
but  the  panic  left  its  effects  in  the  shape  of  a  business 
and  industrial  depression  from  which  it  took  the  country 
some  four  years  to  recover.  The  Democracy,  as  the 
party  in  power,  now  suffered,  in  its  turn,  from  the  "hard 
times."  Its  loss  of  strength  was  aggravated  by  the 
passage  of  the  Wilson-Gorman  Tariff  act  of  1894,  and 
the  Republicans  regained  control  of  the  House  of  Rep- 
resentatives in  the  elections  of  that  year. 

4.  Free  Silver  and  Republican  Restoration. — The 
campaign  of  1896  was  in  every  respect  a  memorable  and 
exciting  one.  The  Republicans  charged  that  the  Wilson- 
Gorman  Tariff  law  was  the  chief  provocation  of  the  hard 
times,  both  by  the  advance  fears  the  Democratic  policy 
had  aroused  and  by  the  results  of  the  act  itself.  This 
brought  the  tariff  issue  to  the  fore  again,  and  made 
William  McKinley,  the  backer  of  the  last  Republican 
tariff  measure,  the  logical  candidate  of  his  party  for  the 
Presidency.  He  was  accordingly  nominated ;  but  the 
tariff  was  not  the  dominant  issue  of  the  remarkable  can- 
vass that  followed. 

For  nearly  twenty  years,  or  since  1878,  when  the 
Bland  bill,  ordering  an  extensive  coinage  of  standard 
silver  dollars  every  month,  was  enacted,  there  had  been 
an  almost  constant  demand  in  and  out  of  Congress,  and 
especially  in  the  silver-mining  States  of  the  far  West, 
for  a  more  liberal  policy  of  silver  coinage.  It  was  in 
response  to  this  agitation  that  the  Silver  Purchase  act 
of  1890  was  adopted.  The  "hard  times"  beginning  in 
1893   encouraged   the   champions  of   silver   to  put   fresh 


372  New  Era  Civics 

vigor  into  their  efforts  and  appeals.  They  took  the 
ground  that  it  was  not  the  heavy  purchases  of  silver  by 
the  government,  nor  yet  the  tariff,  but  the  single  gold 
standard  of  value  that  had  crippled  production  and  in- 
jured the  farmer  and  wage-earner  alike.  To  this  they 
charged  the  great  non-employment  of  labor  and  the 
low  prices  of  all  commodities,  especially  of  wheat  and 
other  agricultural  products. 

The  idea  made  rapid  headway,  and  several  of  the 
former  Republican  States  in  the  far  West  proved  to  be 
fertile  soil  for  its  spread.  As  a  climax,  the  pro-silver 
men  controlled  the  Democratic  national  convention  at 
Chicago.  They  nominated  a  candidate  for  the  Presidency 
whose  name  had  been  scarcely  mentioned  in  that  rela- 
tion— William  J.  Bryan  of  Nebraska.  He  was  then  only 
thirty-six  }ears  of  age,  and  long  an  earnest  advocate  of 
the  free  coinage  of  silver.  He  had  captivated  the  conven- 
tion by  his  oratory.  In  the  stirring  and  heated  political 
battle  that  ensued,  party  lines  were  recast  in  the  so-called 
silver  States  of  the  far  West.  The  conservative  business 
interests  of  the  country  were  gravely  disquieted  by  what 
they  denounced  as  a  mischievous  attack  on  the  existing 
standard  of  value  and  a  dangerous  crusade  for  cheap 
money.  Mr.  Br3-an  toured  the  country  in  support  of  the 
opposite  view.  For  a  few  weeks  his  canvass  promised 
well,  but  a  reaction  then  set  in,  and  McKinley  triumphed 
with  a  majority  of  95  in  the  Electoral  College  and  a 
popular  plurality  of  more  than  600,000. 

Bryan  was  the  Democratic  Presidential  candidate  for 
a  second  time  in  1900,  but  meanwhile  the  Spanish- 
American  war  had  been  fought  and  President  McKinley's 
prestige  increased.  In  the  election  of  that  year  he 
scored  another  emphatic  victory  over  the  Nebraskan.  In 
one  notable  personal  respect  this  campaign  was  historic ; 


Party  History  373 

for  McKinley's  running  mate  was  Theodore   Roosevelt 
of  New  York. 

5.  Roosevelt  Becomes  President. — As  destiny  would 
have  it,  the  gentle  McKinley  was  the  third  of  our  Presi- 
dents to  fall  at  the  hands  of  an  assassin.  From  the 
day  of  his  death,  September  14,  1901,  until  March  4,  1909, 
Roosevelt,  who  immediately  took  the  oath  of  office,  was 
the  commanding  personal  force  in  American  politics. 
President  Roosevelt's  record  was  such  that  he  was  elected 
for  a  full  term  in  1904 ;  and,  four  years  later,  his  in- 
fluence had  much  to  do  with  the  selection  of  his  succes- 
sor, William  H.  Taft.  The  solid  achievements  of  Roose- 
velt's administration,  its  war  upon  trusts  and  monopolies, 
its  progressive  policies  and  its  dramatic  surprises  are 
now  an  outstanding  part  of  the  country's  later  history. 
The  numerous  biographies  and  biographical  sketches 
brought  out  by  his  untimely  and  lamented  death  on 
January  6,  1919,  have  familiarized  the  younger  genera- 
tion of  readers  with  the  various  stages  of  his  wonderful 
career.  The  four  years  of  President  Taft's  administration 
completed  sixteen  years  of  Democratic  exclusion  from 
power  in  the  executive  branch  of  the  government.  But 
meanwhile  there  were  marked  signs  of  another  political 
reaction.  In  1910  the  Democrats  obtained  control  of 
the  House  of  Representatives  for  the  first  time  since 
1895.  Among  the  symptoms  referred  to  were  a  revolt 
of  so-called  Republican  insurgents  in  the  House  and  the 
widespread  dissatisfaction  of  Western  Republicans,  in 
and  out  of  Congress,  with  the  Payne-Aldrich  Tarifif  act 
of  1909.  They  denounced  the  new  tariff  as  favoring 
special  manufacturing  interests. 

6.  The  Progressive  Party. — To  the  rebellious  ten- 
dencies of  the  Republican  insurgents  of  1910  the  origin 
of  the  Progressive  party  of  1912  may  be  partly  attributed. 


374  New  Era  Civics 

From  the  ranks  of  the  Republican  dissenters  there  came 
early  in  1912  a  demand  for  the  nomination  of  Roosevelt 
for  President,  to  which  he  gave  his  assent.  It  was  the 
signal  for  a  strenuous  contest  between  the  supporters  of 
Roosevelt  and  those  of  Taft  for  delegates  to  the  Repub- 
lican National  convention  at  Chicago.  When  the  con- 
vention assembled  in  June,  it  was  found  that  the  balance 
of  power  rested  with  the  representation  from  the 
Southern  States.  The  seats  of  many  of  the  Taft  dele- 
gates from  that  section  were  contested  by  Roosevelt 
men.  The  decision  of  the  credentials  committee  was 
favorable  to  Taft  and  this  intensified  the  bitterness  of 
the  factional  strife. 

The  nomination  of  Taft  by  the  convention  was  fol- 
lowed by  a  meeting  of  Roosevelt  delegates  at  which  the 
first  step  was  taken  for  the  formation  of  a  third  party, 
to  be  known  as  the  Progressive  party.  Later  in  the  year 
Roosevelt  accepted  an  independent  nomination  at  its 
hands.  In  the  triangular  contest  which  followed,  with 
the  Republican  party  rent  in  twain,  the  election  of  the 
Democratic  candidate,  Woodrow  Wilson,  then  Governor 
of  New  Jersey,  was  a  foregone  conclusion.  He  carried 
forty  of  the  forty-eight  States  and  received  435  electoral 
votes,  to  88  for  Roosevelt  and  8  for  Taft.  Wilson's  popu- 
lar plurality  exceeded  2,000,000. 

While  the  European  war  was  raging  and  before  our 
entrance  into  the  struggle  President  Wilson  was  re- 
elected over  Charles  E.  Hughes  of  New  York,  who  had 
resigned  from  the  Federal  Supreme  Court  to  accept  the 
Republican  nomination.  The  outcome  of  this  contest  of 
1916  was  peculiar  in  the  sense  that  the  returns  on  elec- 
tion night  indicated  the  success  of  Hughes.  The  pros- 
pect was  suddenly  changed  by  the  reports  of  the  next 
morning,  showing  an  almost  general  sweep  for  Wilson 


Party  History  375 

in  the  States  west  of  the  Rockies.  It  was  then  found 
that  his  success  or  defeat  hinged  on  the  vote  of  CaHfornia, 
which  was  close  and  doubtful.  But  the  official  count 
gave  him  that  State  by  a  plurality  of  Z,772). 

In  1920  both  of  the  leading  parties  went  to  the  same 
State  for  their  candidate  for  President,  the  Republicans 
nominating  Warren  G.  Harding,  Senator  from  Ohio, 
and  the  Democrats  the  Governor  of  Ohio,  James  M.  Cox. 
The  electoral  and  popular  majority  for  Harding  was 
overwhelming. 

7.  Minor  Parties  Since  1860. — In  the  first  Presi- 
dential election  after  the  Civil  War,  that  of  1868,  the 
two  historic  parties  had  the  field  of  battle  all  to  them- 
selves. But  in  1872  occurred  the  Liberal  Republican 
secession,  and  in  the  same  year  the  long-lived  Prohibition 
party  made  its  debut.  The  Prohibitionists  held  their 
first  national  convention  on  Washington's  Birthday, 
1872,  and  named  James  Black  of  Pennsylvania  for  the 
Presidency.  He  received  less  than  6,000  votes.  There- 
after the  Prohibition  party  appeared  regularly  in  the 
Presidential  arena  every  four  years. 

Other  minor  political  parties  after  the  Civil  War  were 
the  Greenback  party,  which  nominated  Peter  Cooper, 
the  famous  philanthropist,  for  President  in  1876,  and 
disappeared  in  1884.  The  Farmers'  Alliance  was  a  party 
that  made  some  headway  in  the  South  and  West  in 
the  late  eighties.  It  became,  about  1890,  a  part  of  the 
People's,  or  Populist,  party.  The  Populist  party  cut  a 
big  figure  in  the  Presidential  campaigns  of  1892  and 
1896,  but  after  1908  it  went  into  oblivion.  The  present 
Socialist  party  named  its  first  Presidential  ticket  in  1892. 


25 


376  New  Era  Civics 

Question  Guide  to  Chapter  XXII 

1.  After  Lincoln's  election,  how  long  was  the  Republican  party 
dominant  at  Washington?  What  caused  the  weakness  of  the  Demo- 
cratic party  during  this  Republican  regime?  What  States  were 
unrepresented  in  the  Lincoln-McClellan  contest?  What  important 
political  issue  arose  after  Lee's  surrender  at  Appomattox?  In  the 
years  following,  what  political  issues  arose?  What  were  the  objects 
of  the  constitutional  amendments  adopted  after  the  war?  Name  the 
last  Southern  State  to  return  to  the  Union  and  the  year  of  its  rein- 
statement? In  what  year  was  Ulysses  S.  Grant  nominated  for 
President? 

2.  What  was  the  chief  cause  of  dissatisfaction  with  the  Re- 
publican party  in  1873?  In  what  year  did  the  House  of  Representa- 
tives again  become  Democratic?  What  was  the  tariff  issue  raised 
by  the  Democrats  in  1876?  Give  names  of  the  Presidential  candi- 
dates in  that  year.  Give  results  of  the  election  and  main  incidents 
connected  with  it.  Give  results  of  the  Presidential  elections  for  the 
twelve  years  following.  By  what  President  and  in  what  year  was 
the  tariff  made  the  dominant  party  issue?  What  important  act  was 
passed  during  Harrison's  administration?  What  was  the  effect  of 
this  act? 

3.  What  was  one  cause  of  the  financial  panic  in  1893?  What 
was  the  business  result  of  this  panic  and  what  was  the  political 
consequence  ? 

4.  Why  was  McKinley  selected  as  the  Republican  candidate  for 
President  in  1896?  What  agitation  led  to  the  adoption  of  the  Silver 
Purchase  act  of  1890?  Tell  something  about  the  Free  Silver  move- 
ment. Who  was  the  candidate  for  Vice  President  on  the  ticket  with 
McKinley  in  1900? 

5.  What  tragic  event  followed  this  election?  How  was  Roose- 
velt's influence  felt?  The  expiration  of  President  Taft's  term  was 
the  close  of  how  many  years  of  Republican  occupancy  of  the  White 
House? 

6.  To  what  cause  was  the  birth  of  the  Progressive  party  due? 
Tell  something  of  the  proceedings  which  attended  and  followed  the 
national  convention  of  1912.  What  peculiarity  developed  in  the 
election  of  President  Wilson  for  his  second  term? 

7.  In  what  year  did  the  Prohibition  party  make  its  debut  as  a 
national  party?  Who  was  its  first  candidate  and  in  what  year  was 
the  first  convention  held?  Name  some  of  the  other  minor  parties 
since  the  Civil  War. 


APPENDIX 

THE  FEDERAL  CONSTITUTION 

PREAMBLE: 

We,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  insure  domestic 
tranquility,  provide  for  the  common  defense,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity,  do  ordain  and  establish  this  Con- 
stitution for  the  United  States  of  America. 

THE   CONGRESS: 

ARTICLE  I 

Section  i 

I.  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of  a 
Senate  and  House  of  Representatives. 

Section  2 

1.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the 
several  states;  and  the  electors  in  each  state  shall  have  the 
qualifications  requisite  for  electors  of  the  most  numerous 
branch  of  the  legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  in  which 
he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 

Z77 


378  New  Era  Civics 

Union,  according  to  their  respective  numbers,  which  shall 
be  determined  by  adding  to  the  whole  number  of  free  per- 
sons, including  those  bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three-fifths  of  all  other 
persons.  The  actual  enumeration  shall  be  made  within 
three  years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten 
years,  in  such  manner  as  they  shall  by  law  direct.  The 
number  of  Representatives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  State  shall  have  at  least  one  Rep- 
resentative ;  and  until  such  enumeration  shall  be  made,  the 
State  of  New  Hampshire  shall  be  entitled  to  choose  three; 
Massachusetts,  eight ;  Rhode  Island  and  Providence  planta- 
tions, one ;  Connecticut,  five ;  New  York,  six ;  New  Jersey, 
four ;  Pennsylvania,  eight ;  Delaware,  one  ;  Maryland,  six ; 
Virginia,  ten;  North  Carolina,  five;  South  Carolina,  five; 
and  Georgia,  three. 

4.  When  vacancies  happen  in  the  representation  from 
any  State,  the  executive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their 
Speaker  and  other  officers,  and  shall  have  the  sole  power 
of  impeachment. 

Section  3 

1.  The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  Legislature 
thereof,  for  six  years ;  and  each  Senator  shall  have  one 
vote. 

2.  Immediately  after  they  shall  be  assembled  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as  equally 
as  may  be  into  three  classes.  The  seats  of  the  Senators 
of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year,  of  the  second  class  at  the  expiration  of  the 
fourth  year,  and  of  the  third  class  at  the  expiration  of 
the  sixth  year,  so  that  one-third  may  be  chosen  every  second 
year;  and  if  vacancies  happen,  by  resignation  or  other- 
wise, during  the  recess  of  the  Legislature  of  any  State, 
the  executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  Legislature,  which  shall  then 
fill  such  vacancies. 


Appendix  379 

3.  No  person  shall  be  a  Senator  who  shall  not  have 
attained  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  for  which  he  shall 
be  chosen. 

4.  The  Vice  President  of  the  United  States  shall  be 
President  of  the  Senate,  but  shall  have  no  vote  unless  they 
be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  also 
President  pro  tempore  in  the  absence  of  the  Vice  President 
or  when  he  shall  exercise  the  office  of  President  of  the 
United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall  be 
on  oath  or  affirmation.  When  the  President  of  the  United 
States  is  tried,  the  Chief  Justice  shall  preside;  and  no 
person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit  under 
the  United  States;  but  the  party  convicted,  shall,  neverthe- 
less, be  liable  and  subject  to  indictment,  trial,  judgment  and 
punishment,  according  to  law. 

Section  4 

1.  The  times,  places  and  manner  of  holding  elections 
for  Senators  and  Representatives  shall  be  prescribed  in 
each  State  by  the  Legislature  thereof,  but  the  Congress 
may  at  any  time  by  law  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall  by  law  appoint  a  different  day. 

Section  5 

• 

I.  Each  House  shall  be  the  judge  of  the  elections,  re- 
turns and  qualifications  of  its  own  members,  and  a  majority 
of  each  shall  constitute  a  quorum  to  do  business ;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to   compel   the   attendance  of  absent  members, 


380  JNew  Era  Civics 

in  such  manner  and  under  such  penalties  as  each  House 
may  provide. 

2.  Each  House  may  determine  the  rule  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior,  and  with 
the  concurrence  of  two-thirds,  expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may,  in  their  judgment,  require  secrecy;  and  the 
yeas  and  nays  of  the  members  of  either  house  on  any  ques- 
tion shall,  at  the  desire  of  one-fifth  of  those  present,  be 
entered  on  the  journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Section  6 

1.  The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and 
paid  out  of  the  treasury  of  the  United  States.  They  shall, 
in  all  cases  except  treason,  felony  and  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at  the 
session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate  in 
either  House  they  shall  not  be  questioned  in  any  other 
place. 

2.  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  United  States,  which  shall  have 
been  created,  or  the  emoluments  whereof  shall  have  been 
increased,  during  such  time;  and  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of  either 
House  during  his  continuance  in  office. 

Section  7 


1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate  shall,  before  it  becomes  a 


Appendix  381 

law,  be  presented  to  the  President  of  the  United  States ; 
if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return 
it,  with  his  objections,  to  that  House  in  which  it  shall  have 
originated;  who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, two-thirds  of  that  House  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered ; 
and,  if  approved  by  two-thirds  of  that  House,  it  shall  be- 
come a  law.  But  in  all  such  cases,  the  votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  persons  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it, 
unless  the  Congress,  by  their  adjournment,  prevent  its  re- 
turn, in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution  or  vote,  to  which  the  con- 
currence of  the  Senate  and  House  of  Representatives  may 
be  necessary  (except  on  a  question  of  adjournment),  shall 
be  presented  to  the  President  of  the  United  States;  and, 
before  the  same  shall  take  effect,  shall  be  approved  by  him ; 
or,  being  disapproved  by  him,  shall  be  repassed  by  two- 
thirds  of  the  Senate  and  House  of  Representatives,  accord- 
ing to  the  rules  and  limitations  prescribed  in  the  case  of 
a  bill. 

POWERS    GRANTED: 

Section  8 

The  Congress  shall  have  power : 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises; 
to  pay  the  debts  and  provide  for  the  common  defense  and 
general  welfare  of  the  United  States ;  but  all  duties,  im- 
posts and  excises  shall  be  uniform  throughout  the  United 
States. 

2.  To  borrow  money  on  the  credit  of  the  United  States. 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes. 


382  New  Era  Civics 

4.  To  establish  an  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies  throughout 
the  United  States. 

5.  To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  standard  of  weights  and  measures. 

6.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  States. 

7.  To  establish  postoffices  and  postroads. 

8.  To  promote  the  progress  of  science  and  useful  arts, 
by  securing  for  limited  times,  to  authors  and  inventors, 
the  exclusive  right  to  their  respective  writings  and  dis- 
coveries. 

9.  To  constitute  tribunals  inferior  to  the  Supreme 
Court. 

10.  To  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offenses  against  the  law  of 
.nations. 

11.  To  declare  war,  grant  letters  of  marque  and  re- 
prisal, and  make  rules  concerning  capture  on  land  and 
water. 

12.  To  raise  and  support  armies;  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years. 

13.  To  provide  and  maintain  a  navy. 

14.  To  make  rules  for  the  government  and  regulation 
of  the  land  and  naval  forces. 

15.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  repel 
invasions. 

16.  To  provide  for  organizing,  arming  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  United  States;  reserving 
to  the  States  respectively  the  appointment  of  the  officers 
and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress. 

17.  To  exercise  exclusive  legislation  in  all  cases  what- 
soever, over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  particular  States,  and  the  acceptance 
of  Congress,  become  the  seat  of  government  of  the  United 
States ;  and  to  exercise  like  authority  over  all  places  pur- 


Appendix  383 

chased,  by  the  consent  of  the  Legislature  of  the  State  in 
which  the  same  shall  be,  for  the  erection  of  forts,  maga- 
zines, arsenals,  dockyards,  and  other  needful  buildings ;  and 
i8.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 
and  all  other  powers  vested  by  this  Constitution  in  the 
government  of  the  United  States,  or  in  any  department  or 
officer  thereof. 

POWERS  DENIED: 

Section  9 

1.  The  migration  or  importation  of  such  persons  as 
any  of  the  States  now  existing  shall  think  proper  to  admit, 
shall  not  be  prohibited  by  the  Congress  prior  to  the  year 
one  thousand  eight  hundred  and  eight ;  but  a  tax  or  duty 
may  be  imposed  on  such  importation  not  exceeding  ten 
dollars  for  each  person.. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when,  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

3.  No  bill  of  attainder,  or  ex  post  facto  law,  shall  be 
passed. 

4.  No  capitation  or  other  direct  tax  shall  be  laid  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  any  articles  exported 
from  any  State.  No  preference  shall  be  given  by  any 
regulation  of  commerce  or  revenue  to  the  ports  of  one 
State  over  those  of  another;  nor  shall  vessels  bound  to 
or  from  one  State  be  obliged  to  enter,  clear  or  pay  duties 
in  another. 

6.  No  money  shall  be  drawn  from  the  treasury  but  in 
consequence  of  appropriations  made  by  law ;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

7.  No  title  of  nobility  shall  be  granted  by  the  United 
States ;  and  no  person  holding  an}^  office  of  profit  or  trust 
under  them  shall,  without  the  consent  of  the  Congress, 
accept  of  any  present,  emolument,  office,  or  title  of  any 
kind  whatever,  from  any  king,  prince,  or  foreign  state. 


384  New  Era  Civics 

Section  io  ^ 

1.  No  State  shall  enter  into  any  treaty,  alliance  or 
confederation ;  grant  letters  of  marque  and  reprisal ;  coin 
money;  emit  bills  of  credit;  make  anything  but  gold  and 
silver  coin  a  tender  in  payment  of  debts ;  pass  any  bill 
of  attainder,  ex  post  facto  law,  or  law  impairing  the  obli- 
gation of  contracts ;  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  inspec- 
tion laws,  and  the  net  product  of  all  duties  and  imposts 
laid  by  any  State  on  imports  or  exports  shall  be  for  the 
use  of  the  treasury  of  the  United  States,  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  Con- 
gress. No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  duty  or  tonnage,  keep  troops  or  ships  of  war  in 
time  of  peace,  enter  into  any  agreement  or  compact  with 
another  State,  or  with  a  foreign  power,  or  engage  in  war, 
unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

THE  PRESIDENCY: 

ARTICLE  II 

Section  i 

I.  The  executive  power  shall  be  vested  in  the  President 
of  the  United  States  of  America.  He  shall  hold  his  office 
during  the  term  of  four  years ;  and,  together  with  the  Vice 
President  chosen  for  the  same  term,  be  elected  as  follows : 
,  2.  Each  State  shall  appoint,  in  such  manner  as  the 
Legislature  thereof  may  direct,  a  number  of  Electors  equal 
to  the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress;  but  no 
Senator  or  Representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  be  appointed 
an  Elector. 

3.  [*The  Electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  two  persons,  of  whom  one  at  least 
shall  not  be  an  inhabitant  of  the  same  State  with  them- 


This   paragraph  has  been  superseded  by  Amendment  12. 


Appendix  385 

selves.  And  they  shall  make  a  list  of  all  the  persons  voted 
for,  and  of  the  number  of  votes  for  each ;  which  list  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of 
government  of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  Electors  appointed;  and  if  there  be  more  than 
one  who  have  such  majority,  and  have  an  equal  number 
of  votes,  then  the  House  of  Representatives  shall  imme- 
diately choose,  by  ballot,  one  of  them  for  President;  and 
if  no  person  have  a  majority,  then,  from  the  highest  on 
the  list,  the  said  House  shall,  in  like  manner,  choose  the 
President,  But  in  choosing  the  President,  the  vote  shall 
be  taken  by  States,  the  representation  from  each  State 
having  one  vote ;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  President, 
the  person  having  the  greatest  number  of  votes  of  the 
Electors  shall  be  the  Vice  President.  But  if  there  should 
remain  two  or  more  who  have  equal  votes,  the  Senate  shall 
choose  from  them,  by  ballot,  the  Vice  President.] 

4.  The  Congress  may  determine  the  time  of  choosing 
the  Electors,  and  the  day  on  which  they  shall  give  their 
votes,  which  day  shall  be  the  same  throughout  the  United 
States. 

5.  No  person,  except  a  natural  born  citizen,  or  a  citizen 
of  the  United  States  at  the  time  of  the  adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  President ; 
neither  shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  to  the  age  of  thirty-five  years,  and  been 
fourteen  years  a  resident  within  the  United   States. 

6.  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice  President ;  and  the  Congress  may,  by  law,  pro- 
vide for  the  case  of  removal,  death,  resignation  or  inability, 


386  New  Era  Civics  , 

both  of  the  President  and  Vice  President,  declaring  what 
officer  shall  then  act  as  President ;  and  such  officer  shall 
act  accordingly,  until  the  disability  be  removed,  or  a  Presi- 
dent shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected ;  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  United  States,  or  any  of 
them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he 
shall  take  the   following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States;  and 
will,  to  the  best  of  my  ability,  preserve,  protect  and  defend 
the  Constitution  of  the  United  States." 

THE  EXECUTIVE  POWER: 

Section  2 

1.  The  President  shall  be  commander-in-chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of 
the  several  States,  when  called  into  the  actual  service  of  the 
United  States.  He  may  require  the  opinion,  in  writing,  of 
the  principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective 
offices;  and  he  shall  have  power  to  grant  reprieves  and 
pardons  for  offenses  against  the  United  States,  except  in 
cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  make  treaties,  provided  two-thirds 
of  the  Senators  present  concur;  and  he  shall  nominate, 
and  by  and  with  the  advice  and  consent  of  the  Senate  shall 
appoint,  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States  whose  appointments  are  not  herein  other- 
wise provided  for,  and  which  shall  be  established  by  law. 
But  the  Congress  may,  by  law,  vest  the  appointment  of 
such  inferior  officers  as  they  think  proper,  in  the  President 
alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 


Appendix  »'^87 

3.  The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing- commissions  which  shall  expire  at  the  end  of  their 
next  session. 

Section  3 

I.  He  shall,  from  time  to  time,  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient.  He  may  on  extraordinary  occasions, 
convene  both  Houses,  or  either  of  them;  and  in  case  of 
disagreement  between  them,  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall 
think  proper.  He  shall  receive  ambassadors  and  other 
public  ministers.  He  shall  take  care  that  the  laws  be  faith- 
fully executed ;  and  shall  commission  all  the  ofifiicers  of  the 
United  States. 

Section  4 

I.  The  President,  Vice  President  and  all  civil  officers 
of  the  United  States  shall  be  removed  from  office  on  im- 
peachment for,  and  conviction  of  treason,  bribery  or  other 
high  crimes  and  misdemeanors. 

THE  JUDICIAL  POWER: 

ARTICLE  HI 

Section  i 

I.  The  judicial  power  of  the  United  States  shall  be 
vested  in  one  Supreme  Court,  and  in  such  inferior  courts 
as  the  Congress  may,  from  time  to  time,  ordain  and  estab- 
lish. The  judges,  of  both  the  Supreme  and  inferior  courts 
shall  hold  their  offices  during  good  behavior ;  and  shall, 
at  stated  times,  receive  for  their  services  a  compensation, 
which  shall  not  be  diminished  during  their  continuance 
in  office. 

Section  2 

I.  The  judicial  power  shall  extend  to  all  cases  in  law 
and  equity  arising  under  this  Constitution,  the  laws  of  the 
United  States,  and  treaties  made,  or  which  shall  be  made 


388  New  Era  Civics 

under  their  authority ;  to  all  cases  affecting  ambassadors, 
other  public  ministers  and  consuls ;  to  all  cases  of  admiralty 
and  maritime  jurisdiction;  to  controversies  to  which  the 
United  States  shall  be  a  party;  to  controversies  between 
two  or  more  States,  between  a  State  and  citizens  of  another 
State ;  between  citizens  of  different  States,  between  citizens 
of  the  same  State  claiming  lands  under  grants  of  different 
States,  and  between  a  State,  or  the  citizens  thereof,  and 
foreign  States,  citizens  or  subjects 

2.  In  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls,  and  those  in  which  a  State  shall  be 
a  party,  the  Supreme  Court  shall  have  original  jurisdic- 
tion. In  all  the  other  cases  before  mentioned,  the  Supreme 
Court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions  and  under  such  regulations  as 
the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury,  and  such  trial  shall  be  held  in  the 
State  where  the  said  crimes  shall  have  been  committed, 
but  when  not  committed  within  any  State,  the  trial  shall 
be  at  such  place  or  places  as  the  Congress  may  by  law 
have  directed. 

Section  3 

1.  Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  con- 
victed of  treason,  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  act,  or  on  confession  in  open  court, 

2.  The  Congress  shall  have  power  to  declare  the  pun- 
ishment of  treason;  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life 
of  the  person  attainted. 

CONCERNING   THE  STATES: 

ARTICLE  IV 

Section  i 

I.  Full  faith  and  credit  shall  be  given  in  each  State  to 
the  public  acts,  records  and  judicial  proceedings  of  every 


Appendix  389 

other  State ;  and  the  Congress  may,  by  general  laws,  pre- 
scribe the  manner  in  which  such  acts,  records  and  proceed- 
ings shall  be  proved,  and  the  effect  thereof. 

Section  2 

1.  The  citizens  of  each  State  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony 
or  other  crime,  who  shall  flee  from  justice,  and  be  found 
in  another  State,  shall  on  demand  of  the  executive  authority 
of  the  State  from  which  he  fled,  be  delivered  up,  to  be 
removed  to  the  State  having  jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor ;  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due. 

Section  3 

1.  New  States  may  be  admitted  by  the  Congress  into  this 
Union;  but  no  new  State  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other  State,  nor  any  State 
be  formed  by  the  junction  of  two  or  more  States  or  parts 
of  States,  without  the  consent  of  the  Legislatures  of  the 
States  concerned,  as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of,  and 
make  all  needful  rules  and  regulations  respecting  the  terri- 
tory or  other  property  belonging  to  the  United  States; 
and  nothing  in  this  Constitution  shall  be  so  construed  as 
to  prejudice  any  claims  of  the  United  States  or  of  any 
particular  State. 

Section  4 

I.  The  United  States  shall  guarantee  to  every  State 
in  this  Union  a  republican  form  of  government,  and  shall 
protect  each  of  them  against  invasion;  and,  on  application 
of  the  Legislature,  or  of  the  executive  (when  the  Legisla- 
ture cannot  be  convened),  against  domestic  violence. 


390  New  Era  Civics 

FINAL  PROVISIONS: 

ARTICLE  V 

I.  The  Congress,  whenever  two-thirds  of  both  Houses 
shall  deem  it  necessary,  shall  propose  amendments  to  this 
Constitution;  or,  on  the  application  of  the  Legislatures  of 
two-thirds  of  the  several  States,  shall  call  a  convention 
for  proposing  amendments,  which,  in  either  case,  shall  be 
valid  to  all  intents  and  purposes,  as  part  of  this  Constitu- 
tion, when  ratified  by  the  Legislatures  of  three-fourths  of 
the  several  States,  or  by  conventions  in  three-fourths 
thereof,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  the  Congress ;  provided  that  no  amend- 
ment, which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight,  shall  in  any  manner  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first 
article ;  and  that  no  State,  without  its  consent,  shall  be 
deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE  VI 

1.  All  debts  contracted  and  engagements  entered  into 
before  the  adoption  of  this  Constitution  shall  be  as  valid 
against  the  United  States  under  this  Constitution,  as  under 
the  confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of  the  land;  and 
the  judges  in  every  State  shall  be  bound  thereby,  anything 
in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  several  States,  shall  be  bound  by  oath  or  affirma- 
tion to  support  this  Constitution ;  but  no  religious  test  shall 
ever  be  required  as  a  qualification  to  any  office  or  public 
trust  under  the  United  States. 


Appendix  391 

THE  AMENDMENTS: 

[The  following  ten  amendments  were  proposed  at  the  first  session  of 
the  first  Congress  of  the  United  States,  which  was  begun  and  held  at 
the  city  of  New  York  on  the  fourth  of  March,  1789,  and  were  ratified 
by  December,  1791,  by  the  requisite  number  of  States.  They  are  often  re- 
ferred  to   as   the    Bill    of    Rights.] 

AMENDMENT  I 

Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof, 
or  abridging  the  freedom  of  speech  or  of  the  press,  or 
the  right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  government  for  a  redress  of  grievances. 

AMENDMENT  II 

A  well  regulated  militia,  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  infringed. 

AMENDMENT  III 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner;  nor  in  time  of 
war  but  in  a  manner  to  be  prescribed  by  law. 

AMENDMENT  IV 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  paper  and  effects,  against  unreasonable  searches 
and  seizures  shall  not  be  violated;  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affirma- 
tion, and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

AMENDMENT  V 

No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in- 
dictment of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger;  nor  shall  any 
person  be  subject  for  the  same  offense  to  be  twice  put  in 
jeopardy  of  life   or  limb;  nor  shall  be  compelled,  in  any 

criminal  case,  to  be  a  witness  against  himself,  nor  be  de- 
26 


392  New  Era  Civics 

prived  of  life,  liberty  or  property,  without  due  process  of 
law;  nor  shall  private  property  be  taken  for  public  use  with- 
out just  compensation. 

AMENDMENT  VI 

In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law ;  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel 
for  his  defense. 

AMENDMENT  VII 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved;  and  no  fact  tried  by  a  jury  shall  be  otherwise 
re-examined  in  any  court  of  the  United  States,  than  accord- 
ing to  the  rules  of  the  common  law. 

AMENDMENT  VIII 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

AMENDMENT  IX 

The  enumeration  in  the  Constitution  of  certain  rights 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

AMENDMENT  X 

The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

AMENDMENT  XI 

[Submitted  by  Congress  to  the  State  Legislatures  in  March,  1794,  duly- 
ratified,   and   proclaimed  in  January,    1798.] 

The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,   com- 


Appendix  393 

menced  or  prosecuted  against  one  of  the  United  States  by 
citizens  of  another  State,  or  by  citizens  or  subjects  of  any 
foreign  State. 

AMENDMENT  XII 

[Submitted  by  Congress  to  the  State  Legislatures  in  December,  1803, 
duly   ratified,   and   proclaimed  in    September,    1804.] 

1.  The  Electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  President  and  Vice  President,  one 
of  whom  at  least  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves.  They  shall  name  in  their  ballots 
the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice  President ;  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of 
all  persons  voted  for  as  Vice  President,  and  of  the  number 
of  votes  for  each;  which  lists  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  President  of  the  Senate.  The 
President  of  the  Senate  shall,  in  the  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates, 
and  the  votes  shall  then  be  counted.  The  person  having  the 
greatest  number  of  votes  for  President  shall  be  the  Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number 
of  Electors  appointed;  and  if  no  person  have  such  majority, 
then  from  the  persons  having  the  highest  numbers,  not 
exceeding  three,  on  the  list  of  those  voted  for  as  President, 
the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  States,  the  representation  from  each 
State  having  one  vote ;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  And  if  the  House  of  Representatives  shall  not 
choose  a  President,  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice  President  shall  act  as  President 
as  in  the  case  of  the  death  or  other  constitutional  disability 
of  the  President. 

2.  The  person  having  the  greatest  number  of  votes  as 
Vice  President  shall  be  the  Vice  President,  if  such  number 
be  a  majority  of  the  whole  number  of  Electors  appointed, 


394  New  Era  Civics 

and  if  no  person  have  a  majority,  then  from  the  two  highest 
numbers  on  the  hst  the  Senate  shall  choose  the  Vice  Presi- 
dent. A  quorum  for  the  purpose  shall  consist  of  two-thirds 
of  the  whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office 
of  President  shall  be  eligible  to  that  of  Vice  President  of 
the  United  States. 

AMENDMENT  XIII 

[Submitted  by  Congress  to  the  State  Legislatures  in  February,  1865, 
duly  ratified,   and   proclaimed  in   December,    1865.] 

1.  Neither  slavery  nor  involuntary  servitude,  except  as 
a  punishment  for  crime,  whereof  the  party  shall  have  been 
duly  convicted,  shall  exist  within  the  United  States,  or  any 
place  subject  to  their  jurisdiction. 

2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

AMENDMENT  XIV 

[Submitted  by  Congress  to  the  State  Legislatures!  in  June,  1866,  duly 
ratified,   and   proclaimed   in   July,    1868.] 

1.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United 
States;  nor  shall  any  State  deprive  any  person  of  life, 
liberty  or  property,  without  due  process  of  law,  nor  deny 
to  any  person  within  its  jurisdiction  the  equal  protection 
of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the 
several  States  according  to  their  respective  numbers,  count- 
ing the  whole  number  of  persons  in  each  State,  excluding 
Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  Electors  for  President  and  Vice 
President  of  the  United  States,  Representatives  in  Congress, 
the  executive  and  judicial  officers  of  a  State,  or  the  mem- 
bers of  the  Legislature  thereof,  is  denied  to  any  of  the 


Appendix  395 

male  inhabitants  of  such  State,  being  twenty-one  years  of 
age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced 
in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  twenty-one 
years  of  age  in  such  State. 

3.  No  person  shall  be  a  Senator  or  Representative  in 
Congress,  or  Elector  of  President  and  Vice  President,  or 
hold  any  office,  civil  or  military,  under  the  United  States, 
or  under  any  State,  who,  having  previously  taken  an  oath 
as  a  member  of  Congress,  or  as  an  officer  of  the  United 
States,  or  as  a  member  of  any  State  Legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the 
Constitution  of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress  may,  by  a 
vote  of  two-thirds  of  each  House,  remove  such  disability. 

4.  The  validity  of  the  public  debt  of  the  United  States 
authorized  by  law,  including  debts  incurred  for  payment  of 
pensions  and  bounties  for  services  in  suppressing  insurrec- 
tion or  rebellion,  shall  not  be  questioned.  But  neither  the 
United  States  nor  any  State  shall  assume  or  pay  any  debt 
or  obligation  incurred  in  aid  of  insurrection  or  rebellion 
against  the  United  States,  or  any  claim  for  the  loss  or 
emancipation  of  any  slave;  but  all  such  debts,  obligations, 
and  claims  shall  be  held  illegal  and  void. 

5.  The  Congress  shall  have  power  to  enforce,  by  appro- 
priate legislation,  the  provisions  of  this  article. 

AMENDMENT  XV 

[Submitted  by  Congress  to  the  State  Legislatures  in  February,  1869, 
duly   ratified,   and  proclaimed  in  March,    1870.] 

1.  The  rights  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by 
any  State  on  account  of  race,  color,  or  previous  condition 
of  servitude. 

2.  The  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 


396  New  Era  Civics 

AMENDMENT  XVI 

[Submitted  by  Congress  to  the  State  Legislatures  in  July,  1909,  duly 
ratified,  and  proclaimed  in   February,    1913.] 

The  Congress  shall  have  power  to  lay  and  collect  taxes 
on  incomes,  from  whatever  source  derived,  without  appor- 
tionment among  the  several  States,  and  without  regard 
to  any  census  or  enumeration. 

AMENDMENT  XVII 

[Submitted  by  Congress  to  thei  State  Legislatures  in  May,  1912,  duly 
ratified,  and  proclaimed  in  May,  1913.] 

1.  The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  elected  by  the  people 
thereof,  for  six  years;  and  each  Senator  shall  have  one 
vote.  The  Electors  in  each  State  shall  have  the  qualifica- 
tions requisite  for  Electors  of  the  most  numerous  branch 
of  the  State  Legislatures. 

2.  When  vacancies  happen  in  the  representation  of  any 
State  in  the  Senate,  the  executive  authority  of  such  State 
shall  issue  writs  of  election  to  fill  such  vacancies :  Provided, 
That  the  Legislature  of  any  State  may  empower  the  execu- 
tive thereof  to  make  temporary  appointment  until  the  people 
fill  the  vacancies  by  election  as  the  Legislature  may  direct. 

3.  This  amendment  shall  not  be  so  construed  as  to 
affect  the  election  or  term  of  any  Senator  chosen  before 
it  becomes  valid  as  part  of  the  Constitution. 

AMENDMENT  XVIII 

[Submitted  by  Congress  to  the  State  Legislatures  in  December,  1917, 
duly  ratified,  and  proclaimed  in  January,  1919,  as  going  mto  full  force 
and  effect  January    16,    1920.] 

I.  After  one  year  from  the  ratification  of  this  article 
the  manufacture,  sale  or  transportation  of  intoxicating 
liquors  within,  the  importation  thereof  into,  or  the  expor- 
tation thereof  from  the  United  States  and  all  territory 
subject  to  the  jurisdiction  thereof  for  beverage  purposes 
is  hereby  prohibited. 

2.  The  Congress  and  the  several  States  shall  have  con- 
current power  to  enforce  this  article  by  appropriate  legis- 
lation. ' 


Appendix  397 

3.  This  article  shall  be  inoperative  unless  it  shall  have 
been  ratified  as  an  amendment  to  the  Constitution  by  the 
Legislatures  of  the  several  States,  as  provided  by  the  Con- 
stitution, within  seven  years  from  the  date  of  the  submis- 
sion hereof  to  the  States  by  the  Congress. 

AMENDMENT  XIX 

[Submitted  by  Congress  to  the  State  Legislatures  in  June,  1919,  duly 
ratified,   and   proclaimed   in  August,    1920.] 

1.  The  rights  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by 
any  State  on  account  of  sex. 

2.  Congress  shall  have  power,  by  appropriate  legislation, 
to  enforce  the  provisions  of  this  article. 


398 


New  Era  Civics 


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INDEX 


Adams,  John,  elected  President 
by  Federalists,  355. 

Adams,  John  Quincy,  elected 
President  by  House  of  Rep- 
resentatives, 348. 

Administration,  Federal,  (see 
"President,"   and   "Cabinet"). 

Administrator,  Food,  156-7; 
Fuel,  157-8. 

Admission,  of  States,  190-91; 
suffrage  in  new  States,  241-2. 

Agriculture,  State  care  of,  231. 

Agriculture  Department,  Feder- 
al, when  created,  101;  its  great 
responsibilities,  114;  its  im- 
portant bureaus,    115. 

Airships,  for  World  War,   153. 

Alaska,  purchased  from  Russia, 
192;  data,  192;  first  govern- 
ment, 193;  effect  of  Klon- 
dike discoveries,  193;  present 
government,  194;  its  capital, 
194. 

Aldermen,  267;  former  power, 
268;  and  franchises,  268;  loss 
of  power   269. 

Aliens,  admission  of,  118-19; 
Americanization  of,  119-20; 
naturalization  of,  252-4. 

Ambassadors,  appointment  of, 
33,   53. 

Ambulance,  city,  4. 

Amendments,  of  the  Federal 
Constitution,  39;  how  sub- 
mitted, ratified,  39-40;  Thir- 
teenth, Fourteenth,  Fifteenth, 
Eighteenth,  Nineteenth,  41; 
for  income  tax,  164-8;  for 
election  of  Senators,  168-70; 
for  Prohibition,  170-76;  for 
Woman  Suffrage,  178-88;  of 
State    Constitutions,    214-15. 


Animal  Industry,  Bureau  of, 
115. 

Annapolis  Academy,  109. 

Annexations,  territorial,  191;  of 
Alaska,  192-4;  of  Hawaii,  194- 
5;  Porto  Rico,  195-8;  Philip- 
pines, 198-200;  minor  depen- 
dencies,   200-202. 

Anthony,  Susan  B.,  Woman 
Suffrage  leader,  180-81;  votes 
in  Rochester,  182-3;  amend- 
ment,   183. 

Anti-Federalists,    353-4. 

Anti-Masonic  Party,  holds 
first   national  convention,  359. 

Appeals,  in  Federal  courts,  91; 
Circuit  Court  of,  95-6;  from 
Federal  District  courts,  97-8; 
in  State  courts,  216-17. 

Appointments,  to  Federal  of- 
fice, 52-3;  the  merit  system, 
53-7. 

Apportionment,  House  of  Rep- 
resentatives, 64-7;  for  State 
Legislatures,  211-12. 

Appropriations,  Congress  and, 
52;  House  Committee  on,  72; 
in  charge  of  Budget,  77. 

Armament,  Naval,  limitation  of, 
59-60. 

Army,  commander-in-chief,  32; 
officers  of,  108-109;  Presi- 
dent's power  over,  152;  in 
World  War,  153-4. 

Articles  of  Confederation,  when 
adopted,  21;  their  defects,  21- 
3. 

Ashes,  removal  of,  264. 

Assembly,  (see  "State  Legisla- 
tures" for  lower  branch). 

Assessments,  of  real  estate, 
266;  valuation,  267. 

Asset  Currency,  139. 

Attorney  General,  U.  S.,  when 
office  was  created,  101;  head 


403 


404 


Index 


of     Department     of     Justice, 

109;   his  subordinates,    110. 
Auditor,    or    Comptroller,    city, 

270;  county.  278. 
Australian  Ballot,  246-7. 
Automobile,     problem    in     city 

streets,    286-7. 

B 

Bail,  constitutional  right  to,  40. 

Ballot,  citizen  and  the,  11;  the 
duty  it  imposes,  12;  nature  of, 
12-13;  systems  in  States, 
239-49;  early  voting  methods, 
244-6;  distribution  of,  244-6; 
the  Australian,  246-7;  the 
Massachusetts,  246-9;  open 
voting,  246;  demand  for 
secrecy,  246;  officially  pro- 
tected, 247;  methods  of  mark- 
ing, 247-8;  grouping  of  candi- 
dates, 248;  sample  ballots, 
247-8. 

Ballot  Machine,  249-50. 

Banks,  National,  134-8;  (see 
"Currency"  and  "Federal  Re- 
serve");  panic  of  1893,  370-71. 

Bill-Board,  advertising,  320. 

Bills,  engraving  of,  145-6;  (see 
"Currency"). 

Birds,  protection  of,  116. 

Boards,  Railroad  Labor,  122-3; 
of   Aldermen,   267-73. 

Bond  Issues,  U.  S.,  basis  for 
bank  currency,  134-8;  for 
World  War,  153-5. 

Bonds,  government,  134-8;  for 
Liberty  loans,  154-5;  issues  in 
cities,    266-7. 

Boss,  political,  224;  revolt 
against,   226. 

Bribery,  at  elections,  remedy 
for,  246,  248. 

Bryan,  W.  J.,  as  "dark  horse," 
338;  silver  candidate,  372. 

Budget,  national,  Ti;  why 
adopted,  74-5;  the  Budget 
law,  7Z,  75;  Bureau  of,  75; 
Director  and  his  duties,  75- 
7;  the  first  Director  of,  76;  of 


New     York     City,    266; 
school  systems,  308. 
Bureau  of  Engraving,  145-6. 


for 


Cabinet,  beginning  of,  101;  De- 
partments of,  101;  order  of 
their  creation,  101-2;  meet- 
ings, 103:  heads  of  depart- 
ments,   102-120. 

Calendar,  House,  78. 
CaUfomia,  decides  1916  election, 
375. 

Campaign,  Presidential,  353-75. 

Canal,    Panama,  200-201. 

Candidates,  the  question  of  fit- 
ness, 14;  voting  for  or 
against,  15;  Presidential, 
333-9. 

Canvass,  of  Electoral  votes,  351. 

Capitals,  Washington,  191-2; 
Alaska,  194;  Hawaii,  194; 
Porto  Rico,  196;  Philippines, 
199. 

Census,  basis  for  House  ap- 
portionment, 64-5;  early  cen- 
suses, -  64-5. 

Chairman,  national  conventions, 
331. 

Charities,  public,  of  States,  220- 
1;  municipal,  297-9;  provi- 
sions for  poor,  301-2;  benevo- 
lent institutions,  302;  city  out- 
lay for,  301-2. 

Charters,  citv.  269;  different 
kinds  of.  269-75;  group,  270; 
commission  government,  271- 
3;    city-manager,    273-5. 

Chemistry,  Bureau  of,  115. 

Chicago,  as  convention  city, 
329. 

Chief  Justice,  Supreme  Court, 
92-4. 

Child  Labor,  state  protection 
of,  232-3. 

Children,  courts  for,  235;  pro- 
bation  systems,  235. 

Chinese,  immigration  forbidden, 
118. 

Circuit  Court  of  Appeals,  Fed- 
eral, 95-8. 


Index 


405 


Cities,  tlieir  government  in  ac- 
tion, 3-0;  City  Hall,  6;  objects 
of  local  government,  200-61 
party    politics    in,    2o2;    pub 
lie   safety  and   health,   263-4 
water     supplies,     204;     fran 
chises,  264-5;  attractions,  265 
taxation,   265-0;   bond   issues 
266-7;   forms   of  government 
267-75;  Mayor  and  Alderman 
267-8;       municipal      reforms 
268-9;    centering  power,  269 
group    charters,    270;    school 
administration,    270-71;    com- 
mission   government,    271-5; 
its  origin,  271-2;  its  features, 
272-3;  the  city-manager  sys- 
tem, 273-5;  local  courts,  275; 
civic    responsibilities,    282-3; 
objects   of   government,   283; 
arch     of     municipal     service, 
283-4;  its  keystone,  284;  pro- 
tection against  crime  and  fire, 
284-5;  traffic  problems,  285-7; 
health    service,   287-97;   prog- 
ress     in      sanitation,     287-8; 
sanitary     aims,     288;     water 
supply,       288-90;       guarding 
against    water   pollution    and 
waste,    289-90;    milk    protec- 
tion, 290-91;  other  food  safe- 
guards,    291-2;     warfare     on 
disease,      292-5;      quarantine, 
292-3;   bacteriology,  293;  en- 
forcing   health    rules,    293-4; 
street  cleanliness,  294-5;  rules 
for    householders,    294;    gar- 
bage   and     sewage    disposal, 
295-7;  garbage  reduction  and 
products,    296;    modern    sew- 
age   methods,    297;    hospital 
and  dispensary  service,  297-9 
care    of    consumptives,    298 
school     sanitation,      299-300 
protecting      health     and     in- 
dustry,   300;    civic    co-opera- 
tion,   300-301;    charitable    in- 
stitutions. 301-2;  care  of  poor, 
302;   public  education,  306-9; 
compulsory,      307-8;       States 
part  in  local  education,  308-9; 


school  tax  and  budget,  308; 
public  libraries,  310;  public 
utilities,  310-11;  franchises, 
311-12;  street  railway  prob- 
lems,^ 312-14;  "Service-at- 
Cost"  plan,  313-14;  railway 
fare  questions,  313;  business 
management,  315;  attractions, 
315-21;  pavements,  315-16; 
"white  wings,"  316;  park  sys- 
tems, 316-18;  playgrounds, 
318;  city  planning,  319-20; 
the  zoning  system,  320-21. 

Citizens,  their  responsibility, 
14;  their  different  functions, 
14;  their  community  duties, 
259,  261-2. 

Citizenship,  essentials,  9. 

City  Council,  or  commission, 
271-5. 

City  Planning,  319-20. 

Civics,  study  of,  9;  definition 
of,  9. 

Civil  Service  Reform,  to  pro- 
tect Federal  office  holders, 
33-4;  the  movement  for,  55; 
first  Civil  Service  law,  55; 
the  Pendleton  act,  55-6;  the 
Federal  Commission,  56; 
spread  of  classified  service, 
56;  the  non-classified  service, 
56-7;  advantages  of  the  Re- 
form, 57;  in  the  States,  233. 

Civil  Service  Commission,  123- 
4. 

Civil  War,  military  pensions, 
114;  politics  before,  362-3; 
after,    366-7. 

Claims,  against  United  States, 
98. 

Cleaning  of  streets,  294-5. 

Clerk,  House  of  Representa- 
tives, 69,  78. 

Cleveland,  Grover,  his  close 
contest,  346-7;  forces  tariff 
issue,  369. 

Coast  Guard,  108. 

Coinage,  silver  as  political  is- 
sue, 371-2. 

Coins,  government,  7;  use  as 
money,    129;    intrinsic    value 


406 


Index 


of,  130;  government  issues 
of,  132;  weight  and  quality, 
132-3;  minting  of,  144-5. 

Collectors,  of  Internal  Revenue, 
106-7;  of  Customs,   107. 

Colonizing,  of  voters,  251. 

Columbia,  District  of,  191-2. 

Commander-in-Chief,  President 
as,  2,2,   150. 

Commerce,  Congress  and,  38; 
interstate,  38;  department  of, 
101;  its  mission  and  duties, 
116-17. 

Commission  Government,  for 
cities,  beginning  of,  271-2; 
features  of,  272-5;  Galves- 
ton's experience,  271-2;  elec- 
tive commissioners,  272-3; 
spread  of  reform,  273;  city 
manager  plan,  273-5;  powers 
of  city  manager,  275. 

Commissioners,  Internal  Rev- 
enue, 106-7;  in  Interior  De- 
partment, 112-14;  of  Inter- 
state Commerce,  121-2;  Civil 
Service,  123-4;  in  cities,  271-5. 

Committees,  of  House,  how  ap- 
pointed, 70;  of  the  Whole, 
70;  as  workshops,  72-3;  of 
national    conventions,    332-3. 

Common  Council  (see  "Alder- 
men". ) 

Communities,         local  (see 

"Cities"). 

Compromises,  of  Constitution, 
26. 

Comptroller,  of  currency,  105- 
6,  139;  city,  269-70. 

Confederation,  Articles  of,  21-3. 

Conference,  the  Washington, 
59-60. 

Conference,  Committees,  of 
Congress,  80. 

Congress,  the  Senate  and 
House,  26-30;  its  time  of 
meeting,  34;  power  over  com- 
merce, 38;  over  railroads  and 
trusts,  38;  over  new  States 
and  territories,  38-9;  its  or- 
ganization, rules  and  methods, 
63-88;    how    its    districts    are 


made,  65-7;  regular  and  spe- 
cial sessions,  67-9;  pay  of 
members,  87;  Record  and  Di- 
rectory, 87;  privileges,  87; 
World  War  legislation,  152-4, 
156;  its  railroad  act,  159;  tax- 
ing power,  166-7;  its  Civil 
War  income  tax,  167;  sub- 
mits Sixteenth  Amendment, 
167;  providing  for  income  tax, 
167-8;  income  tax  rates,  168; 
submits  Seventeenth  Amend- 
ment, 170;  Prohibition 
Amendment  submitted,  170; 
Webb-Kenyon  act,  173;  first 
Prohibition  act,  173-4;  War- 
time Prohibition  legislation, 
174-5;  enforcing  Eighteenth 
Amendment,  176;  Suffrage 
Amendments  submitted,  178; 
rejects  suffrage  appeals,  181- 
2;  Susan  B.  Anthony  Amend- 
ment defeated,  183;  a  favora- 
ble vote,  184;  power  over  ter- 
ritories, 190;  first  meeting  in 
Washington,  191;  control  of 
District  of  C,  191-2;  Alaska 
legislation,  193-4;  Hawaii  an- 
nexation act,  194;  Porto  Rico 
laws,  196-8;  Philippine  legis- 
lation, 199-200;  appoints  the 
Electoral    Commission,    349. 

Conscription,  for  World  War, 
152. 

Conservation,  of  forests,  115. 

Constabulary,   State,  219-20. 

Constitution,  Federal,  21-41; 
the  Preamble,  24;  planning 
the  Congress,  24-6;  the  two- 
chamber  problem,  24-6;  Sen- 
ate and  House,  26-8;  Con- 
gress terms,  27-8;  age  limit, 
28;  Senate's  function,  28; 
taxation  and  money  bills,  29; 
Senate  privileges,  29-30;  ex- 
ecutive branch,  30-36;  Presi- 
dent, his  powers,  31-4;  Vice- 
President,  34-6;  Judicial 
branch,  36-8;  Supreme 
Court.  36-8;  general  pro- 
visions, 38-41;  amending  the 


Index 


407 


Constitution,  39-41;  first  ten 
amendments,  40;  the  Tenth 
amendment,  40-41;  later 
amendments,  41;  World  War 
and,  150-53;  its  adaptability 
for  war  purposes,  150-53;  four 
latest  amendments,   164-88. 

Constitutional  Amendments, 
recent,  164-76;  income  tax, 
166-8;  the  Sixteenth,  167;  the 
Seventeenth,  168;  why  adopt- 
ed, 168-70;  Eighteenth,  its 
text,  170;  Proliibition  crusade, 
171-6;  Woman  Suffrage 
Amendment,  178-88;  its  text, 
178;  submitted  by  Congress, 
184;  ratified,  187-8. 

Constitutional  Convention,  Fed- 
eral, assembled  at  Philadel- 
phia, 21;  its  mission  and 
membership,  22;  its  difficul- 
ties, 23-4;  its  work  reviewed, 
24-41. 

Consuls,  under  State  Depart- 
ment, 103. 

Contested  Elections,  Presiden- 
tial, 347-9;  in  national  con- 
ventions,  332-3. 

Conventions,  abolished  in 
States,  224-7;  national,  327; 
machinery  of,  327;  delegates 
to,  328-9;  Democratic  meth- 
ods, 328-9;  Republican  meth- 
ods, 328-9;  how  delegates  are 
chosen,  329;  sites  and  scenes, 
329-31;  _  favorite  city,  329; 
public  interest  in,  331;  pro- 
ceedings, 331-3;  election  of 
chairman,  331-2;  committee 
appointments,  332-3;  contest- 
ed seats,  332-3;  naming  and 
voting  for  candidates,  333-4; 
two-thirds  and  unit  rules, 
334-6;  majority  rule  of  Re- 
publicans, 334-5;  Democratic 
rules  changed,  335-6;  famous 
contests,  336;  oratory,  336; 
"dark  horses,"  337-8;  nomi- 
nating Vice  President,  338-9; 
27 


first  national  convention,  348, 
359. 

Copyright,   114. 

Coroner,  county  official,  8;  his 
distinction,  277. 

Corporations,  licensed  by 
States,  209;  stricter  regulation 
of,  230-31;  in  cities,  311-12; 
their  franchises,  311-12; 
street  railway  service  and 
its  problems,  312-14;  pub- 
licity of,  314;  capitalization, 
314. 

Corruption,  of  voters,  246. 

Council,  Common  (see  "Alder- 
men"). 

Counterfeiting — punishment  of, 
95. 

County,  agencies,  8;  officials, 
8;  boundaries  in  Congress 
districts,  65-7;  in  legislative 
districts,  211-12;  courts,  217; 
government  of,  276-8;  char- 
acteristics, 276-7;  functions, 
276-7;  its  two  venerable  of- 
ficers, 277;  administrative 
features,  277;  its  Supervisors, 
277;  Clerk  and  Treasurer, 
278;  judges,  278;  expendi- 
tures. 278. 

Court,  of  last  resort,  in  States, 
217. 

Courts,  court  house,  building, 
8;  Criminal  law,  8;  of  Fed- 
eral Claims,  98-9;  of  Cus- 
toms appeals,  98-9;  State, 
215-18;  for  juvenile  offenders, 
235;  probation  officers  of, 
235. 

Crime,  prosecution  of,  in  States, 
217-18. 

Cuba,  our  relations  with,  202. 

Currency,  money  and  its  uses, 
128-9;  paper  money  and  coin, 
129-30;  The  Constitution 
and  money,  130-31;  gold, 
and  greenbacks,  131;  curren- 
cy issues  of  U.  S.,  132; 
weight  of  coins,  132-3;  paper 
issues,   133-4;   National   Bank 


408 


Index 


issues,  134-8;  defects  of  sys- 
tem, 136-8;  the  cause  of  pan- 
ics, 137;  Federal  Reserve  act, 
138;  the  new  currency  basis, 
138-9;  features  of  new  system, 
139-40;  the  Federal  Reserve 
Board,  139;  Federal  Reserve 
banks  and  districts,  140-41; 
how  system  works,  141-2;  its 
merits,  142-3;  volume  of  Fed- 
eral Reserve  currency,  143-4; 
U.  S.  mints,  144-5;  the  mak- 
ing of  coins,  144-5;  engrav- 
ing of  paper  money,  145-6. 
Customs,  revenue  from,  106-7; 
collectors  of,  107;  as  indirect 
taxes,  165. 

D 

"Dark     Horses,"     Presidential, 

337-8. 

Daylight  Saving,  Federal  Law, 
158.. 

Death  Rates,  diminishing,  in 
New  York  city,  287-8. 

Debate,  in  Congress,  71;  on 
House  bills,  79;  Senate's  lati- 
tude for,  84-5;  Senate  "clo- 
ture." 85-6. 

Debt,  bonded,  of  nation,  105-6; 
basis  for  currency,  134-6; 
Liberty  Loans,  154-5;  New 
York  city  and  State  com- 
pared, 266;  for  parks,  317. 

Defectives,  State  care  of  insane 
and  idiots,  221;  city  care  of 
mental  sufferers,  301. 

Delay,  motions  for,  80-81. 

Delegates,  to  national  conven- 
tions, 328;  party  methods  in 
choosing,   328-9. 

Democratic  Party,  national  con- 
ventions, 328;  delegates  to, 
328;  meets  at  San  Francisco, 
329;  two-thirds  and  unit  rules 
in  conventions,  334-6;  con- 
vention contests,  336;  "dark 
horses,"  337-8;  its  original 
titles,  354-5;  takes  its  present 
name,  357;  its  record  to  1860, 


354-62;  Jefferson's  leadership, 
354-5;  Jackson's  leadership, 
356-7,  359-60;  defeated  by  the 
Whigs,  361-2;  its  election  of 
Polk,  Pierce  and  Buchanan, 
361-2;  defeated  by  Lincoln, 
363;  later  record,  366-75. 

Departments,  Federal  heads  of, 
102-21;  duties  of,  102-25. 

Des  Moines,  plan  of  city  gov- 
ernment, 272. 

Direct  Primaries  (see  "Primar- 
ies"). 

Direct  taxes,  164-8;  contrasted 
with   indirect   tax,    164-5. 

Disease,  city  warfare  against, 
287-8;  milk  protection,  290- 
91;  other  sanitary  protec- 
tions, 292-5;  hospital  serv- 
ice, 297-8;  crusade  against 
consumption,  298;  school 
sanitation  and  hygiene,  299- 
300;  health  precautions  in  in- 
dustry, 300. 

Dispensary,  free  in  cities,  298-9. 

District  Attorney,  prosecuting 
attornev  in  counties,  8,  277; 
for  United  States.  110. 

District  of  Columbia,  when  ac- 
quired, 191;  first  Congress 
in,  191;  changes  in  govern- 
ment. 191-2;  its  subjection  to 
Congress,  192. 

Districts,  in  Constitution.  25; 
of  the  House,  64-7;  legisla- 
tive, in   States,  211-12. 

Dollar,    (see  "Currency"). 

Draft,  for  military  service,  152. 

Drainage,  city  sewage,  297. 

Duties,  on  imports.  Collectors 
of,  107,  defined  and  how  paid, 
165  (see  "Tariff"). 


E 


Education,  (see  "Schools"). 
Eighteenth      Amendment,      for 

National   Prohibition,    170-76. 
Elections,    Presidential,    31;    of 

Senators      and      Representa- 


Index 


409 


tives,  67;  State  (see  "Vot- 
ing"); municipal,  262;  in  vil- 
lages, 278;  Electoral  College, 
341-51;  plurality  and  major- 
ity in,  346;  National  contests 
of  the  parties,  353-63,  366-75. 

Electoral  College,  341-51;  rea- 
sons for  it,  341;  how  chos- 
en, 341;  majority  rule  in, 
342;  changed  by  Twelfth 
amendment,  342;  Constitu- 
tion and,  342-3;  Jefferson- 
Burr  tie,  342;  power  of  elec- 
tors, 342-3;  they  become  mere 
agents,  343-5;  early  electoral 
contests,  345;  States  and,  345; 
how  smaller  States  benefit, 
345-6;  "majority  and  plurali- 
ty," 346;  curiosities  of  sys- 
tem, 346-7;  failures  to  elect, 
347-8;  elections  transferred 
to  House,  347-8;  contest  of 
1824,  348;  uniformity  in 
choice  of,  348;  effect  of  na- 
tional conventions  upon,  348- 
9;  contest  of  1877,  349;  Elec- 
toral Commission,  349;  fail- 
ure to  elect  Vice  President. 
349-50;  Electoral  majority  and 
popular  vote,  350;  Electors' 
names  on  ballots,  350-51; 
meeting  of,  351;  canvass  of 
votes  in  Congress,  351. 

Electoral  Commission,  349; 
climax  of  exciting  contest, 
368-9. 

Electors,  Presidential  (see 
Electoral  College). 

Electric,  lighting,  franchises,  S, 
264-5. 

Engraving  and  Printing, 
Bureau  of,  145-6. 

Espionage,  act,  156. 

Excise,  taxes,  165. 

Executives,  (see  "President," 
and  "Governor"). 

Executive  Sessions,  of  Senate. 
86-7. 

Expenditures,  Federal,  Nation- 
al Budget  of,  lZ-1. 


Factory,  operatives,  State  pro- 
tection of,  300;  city  protec- 
tion, 300;  women  and  child 
workers  in,  300. 

Federal  Government,  44-125; 
in  war,  149-62;  its  dependen- 
cies, 190-202. 

Federal  Judiciary,  in  Constitu- 
tion, 3(j;  minor  judges,  VI \ 
Supreme  Court,  90-95;  Cir- 
cuit Court  of  Appeals,  95-6; 
Federal  District  Judges,  96-8. 

Federal '  Reserve  Act,  138-44 
(see  "Currency"). 

Federal  Trade  Commission, 
121,  124. 

Federalists,  353-4;  their  loss  of 
popularity,  355-6. 

Federation,  of  States,  (see 
"United  States  Constitu- 
tion"). 

Feeble-Minded,  State  care  of, 
221. 

Filibuster,  80-81. 

Filtration,  for  city  water  plants, 
289. 

Finance,  (see  "Currency"). 

Fire,  firemen  on  duty,  4-5;  pro- 
tection, 260;  fire  organiza- 
tions,   284-5. 

Fisheries,  Federal  care  of,  116. 

Food  Administration,  in  World 
War,  156-7. 

Food,  supply,  115;  city  protec- 
tion  of,  290-92. 

Forbidden  powers,  to  States, 
207-8. 

Foreign  affairs.  Senate  and 
treaties,  29;  President's  trea- 
ty power,  Z2>\  President  in 
world  affairs,  58;  the  Ver- 
sailles treaty,  58;  the  Wash- 
ington Conference,  58-60;  in 
Senate  executive  sessions,  86- 
7:  Secretary  of  State  and, 
102-4. 

Forests,  conservation  of,  115. 

Franchises,  street  railway,  3; 
electric    light,    5;     municipal. 


410 


Index 


264-5;  taxes  on,  266;  object 
of,  311;  how  granted  and  on 
what  conditions,  311-12. 

Franking  privilege,  of  Con- 
gressmen,    87. 

Freight  Rates,  railroad,  in- 
creased by  Interstate  Com- 
merce   Commission,    123. 

Fuel  Administration,  in  World 
War,  157-9;  Garfield  in 
charge,  157-8. 

Fugitive,  Slave  laws,  362. 


Galveston,  starts  commission 
government,  271-2. 

Garbage,  collector,  4;  reduc- 
tion plants  and  products, 
295-6. 

Garfield,  President,  shot  by  a 
spoils  hunter,  55. 

Geological  Surveys,   113. 

Germany,  our  war  with,  149- 
62. 

Gerrymander,  of  Congress  dis- 
tricts, 66-7. 

Gold,  as  money,  129-34;  reserve, 
142-3;   coining  of,   145. 

Government,  its  objects,  10; 
our  relation  thereto,  9;  our 
service  to,  outlined,  9;  depen- 
dence on  citizens,  12;  of  na- 
tion, 44-125;  of  States,  207- 
22;  of  cities,  259-321. 

Governors,  their  pardoning 
power,  33;  of  States,  212-13; 
of  territories,  194,  195,  197, 
199-200. 

Grand  Jury,  218. 

Greenback  Party,  375, 

Greenbacks,  133. 

Guam,  201. 

H 

Hamilton,  Alexander,  his  tariff 

policy,  357-8. 
Harding,         President,        calls 

Washington  conference,  58-9; 

his  election  in  1920,  375. 
Hawaii,  annexed  to  U.  S.,  194; 


governing      system,       194-5; 
capital,   194. 

Hayes-Tilden  contest,  1876^7, 
settled  by  Electoral  commis- 
sion, 349. 

Health  Department,  in  action, 
4;  in  cities,  263-4. 

Hearings,  before  committees  of 
Congress,  78,  80. 

Highways,  city  pavements,  315- 
16. 

Hoover,  Herbert  C,  head  of 
Food  Administration,  156. 

Hospitals,  for  insane,  221,  301; 
city,  297-8. 

House  of  Representatives,  how 
organized  by  the  Constitu- 
tion, 26-7;  fixing  the  repre- 
sentatfon,  26-7;  term  of  serv- 
ice, 27;  how  it  differs  from 
Senate,  27-30;  its  "power  of 
the  purse,"  29;  closeness  to 
the  people,  63-4;  its  represen- 
tation and  apportionment,  64- 
7;  term  of  service.  67-8;  elec- 
tion of  Speaker,  69;  change  in 
Speaker's  power,  69-70;  rules, 
70;  limiting  debate,  71;  the 
committees,  72;  their  rank  and 
importance,  72-3;  House  and 
the  Budget,  77;  the  course  of 
a  bill,  77-80;  hearings  on  bills, 
78,  80;  special  treatment  for 
bills,  79;  the  "previous  ques- 
tion," 79;  the  conference 
committee,  80;  filibustering, 
80-81;  how  prevented,  81; 
clerk  allowance,  87;  electing 
a  President,  342,  347-8;  its 
second  election  of  President, 
348. 
Hughes,  Charles  E.,  presides 
over  Washington  Confer- 
ence, 59. 


Illinois,  adopts  Woman's  Suf- 
frage by  statute  law,  183. 

Immigration,  laws  governing, 
118-19;  exclusion  acts,  118-19. 


Index 


411 


Impeachment,  of  President,  35- 
6;  the  proceedings,  35-6;  the 
case  of  Johnson,  36;  a  party 
measure,  367. 

Import  duties,  collectors  of, 
107;  how  classed,  165. 

Income  tax,  amendment  for, 
164-8;  provisions  of  law  for, 
167-8. 

Independent,  voters,  14-15;  a 
powerful  factor,  15. 

Independence  Hall,  meeting 
of  Constitutional  Conven- 
tion in,  22. 

Indian  Affairs,  114. 

Indictment,  by  Grand  Jury,  218. 

Inheritances,  tax  on,  236. 

Initiative  and  referendum,  229- 
30. 

Insane,  State  care  of,  221;  city 
care  of,  301. 

Interior,  department,  when  cre- 
ated, 101;  its  Secretary,  112; 
its  varied  functions  and  pow- 
ers, 113-14;  its  commission- 
ers and  bureaus,  112-13. 

Internal  Revenue,  taxes,  106; 
collectors,  106-7;  defined, 
165;  commissioner  of,  in 
charge  of  Prohibition,  176. 

International  Affairs,  (see 
"Foreign   Affairs"). 

Interstate  Commerce  Commis- 
sion, 121;  its  authority  over 
railroads,  121-2-  the  Trans- 
portation act,  122. 

Intervention,  in  Cuba,  202. 

Invasion,  State  defense  against, 
207-8. 

Inventions,  patents,  113,  114. 

Irrigation,  of  waste  lands.  De- 
partment of  Interior,  114. 

Isthmian  Canal,  200-201. 


Jackson,  President,  his  execu- 
tive patronage,  53;  his  first 
candidacy,  348;  defeated  in 
House,  348. 


Japan,  in  Washington  Confer- 
ence, 59. 

Jefferson,  Thomas,  his  talk 
with  Washington,  28;  his  tie 
with  Burr,  342,  347;  his  rise 
to  power,  354-5. 

Johnson,  Andrew,  impeachment 
of,  36,  367. 

Judges,  Supreme  Court,  90-91; 
minor  Federal  Courts,  95-9; 
Circuit  Court  of  Appeals,  95- 
6;  Federal  District  Courts, 
96;  how  districted,  96-7;  their 
war  functions,  97;  appeals 
from   decisions,   97-8. 

Judicial,  (see  "Courts"). 

Jurisdiction,  of  Supreme  Court, 
91-2;  of  other  Federal 
Courts,  95-9. 

Jury,  Grand,  218;  petit,  218. 

Justices,  of  Supreme  Court,  90- 
95. 

Juvenile,  courts,  235. 


Knowr  Nothing  Party,  363,  364. 


Labor,  State  compensation  for, 
231-2;  protection  for,  232-3; 
minimum  wage  for  women, 
233. 

Labor  Department,  Federal, 
when  created,  101;  Secretary 
of,  101;  its  relation  to  immi- 
gration, 118-19;  to  naturali- 
zation, 118;  to  Americaniza- 
tion,  118,   119-20. 

Laboratory,  city,  as  health  pro- 
tection, 293. 

Land,  office,  commissioner  of, 
112. 

Law,  (see  "Courts"). 

League  of  Nations,  object  and 
membership,  58. 

Legal  Tender,  131. 

Legislative,      (see      "Congress" 
and  "State  Legislatures"). 


412 


Index 


Legislatures,  State,  making 
Congress  districts,  65-6;  their 
organization  and  functions, 
210-12,  213. 

Liberty   Loans,    154-5. 

Libraries,  city,  310. 

Licenses,  city  revenue  from, 
266. 

Life  Saving  Service,  108. 

Lighting,  of  Streets,  franchises 
for,  5,  264. 

Limitation,  of  armament  59-60. 

Lincoln,  Abraham,  and  office 
seekers,  54;  his  election,  363, 
366. 

Local  Government,  public  in- 
terest in,  259;  facts  regard- 
ing, 260-78   (see  "Cities"). 

Local  Option,  systems,  172. 

M 

Machines,  ballot,  249-50. 

Mail,  carriers,  6-7,  110. 

Maine,  first  State  Prohibition 
Law,   171. 

Majority,  of  votes,  how  distin- 
guished from  plurality,  346. 

Manager,  city,  273-5. 

Markets,  inspection  of,  291-2. 

Marshall,    lohn;   long  term,  93. 

Marshals,  U.  S.,  98,  110. 

Massachusetts,   ballot,   247-9. 

Mayor,  267-70;  Alayoralty  char- 
ters, 267-70. 

McAdoo,  Secretary,  Director  of 
Railroads,   159. 

McKinley,  William,  succeeded 
by  Roosevelt.  48;  his  tariff 
act,  370;  elected  President, 
372-3. 

Merchant  Marine,  under  De- 
partment of  Commerce,  116- 
17. 

Merit  System,  33-4;  develop- 
ment of,  54-8. 

Message,  Presidential,  34,  51. 

Mileage,   for    Congressmen,   87. 

Military,  (see  "War  Depart- 
ment"). 


Milk  Supply,  in  cities,  264;  pro- 
tective methods,  290-91;  Pas- 
teurizing,  290-91. 

Mines,  Bureau  of,  113. 

Ministers,  appointment  of,  33; 
in  charge  of  Secretary  of 
State,  103. 

Minority,  in  Congress  —  its 
committee  assignments,  70. 

Mints,  144-5. 

Monetary  system,  (see  "Cur- 
rency"). 

Money,  128-30. 

Monopolies,  Roosevelt's  fight 
on  230.  373. 

Municipal  governments,  fa- 
miliar reminders  of,  3-6  (see 
"Cities"). 

Municipal  Arch,  283-4. 


N 


National,  Government,  estab- 
lished by  Constitution,  21-41; 
outline  of,  44-125. 

National  Banks,  currency  is- 
sues, 134-8;  their  aid  to  the 
Government,  135;  their  bond 
purchases,  136;  defects  of  the 
system,  136-8. 

National  Committee,  of  parties. 
327,  339. 

Naturalization,  laws  and  proc- 
esses, 252-4;  of  female  aliens, 
253. 

Navigation,  116-17. 

Navy  Department,  Secretary 
of,  101;  its  bureaus,  109. 

Negro,  suffrage,  242-3. 

New  Jersey,  State  law  for  com- 
mission government  in  cities. 
273. 

New  York,  and  the  income  tax, 
166-7;  as  pivotal  State  in 
three    national    contests.    369. 

New  York  City,  local  govern- 
ment, 269. 

Nominations,  in  convention, 
224-6;  Direct  Primary,  226-9; 
Presidential,  327-39. 


Index 


413 


Notes,     bank,     United     States, 

130-44. 
Nuisances,  city,  293-7. 

O 

Officers,  military,  108-9. 

Oklahoma,  first  State  Constitu- 
tion requiring  direct  pri- 
maries, 227. 

Order,  rules  of  House,  69-70; 
committee  on,  70. 

Ordinance,  under  commission 
government,  273. 

Orphans,  asylums  for,  6. 


Panama  Canal,  200-201. 

Parcel  Post,  when  established, 
111 ;  regulation.  111. 

Pardoning,  President's  power, 
33. 

Parks,  city,  6;  their  double  pur- 
pose, 261;  value  of,  316;  lay- 
ing out  of,  317;  how  paid  for, 
317;  their  double  benefit,  317- 
18. 

Parliamentary,  rules  of  House 
of  Representatives,  70-72,  80- 
81:  in  Senate,  84-6. 

Parole,  for  persons  imprisoned 
for  crime,  234;  indeterminate 
sentences,  234. 

Parties,  their  contests,  14;  par- 
ty tickets,  15;  membership  in 
and  allegiance  to,  16;  politics 
in  cities,  262:  origin  of  in  na- 
tional field,  353;  history  from 
1788  to  1861,  353-64;  Feder- 
alists and  Anti-Federalists 
and  their  issues,  353-4;  Dem- 
ocratic-Republicans, called 
Republicans,  354-5;  Jeffer- 
son's leadership,  354-5 ;  Adams' 
election,  355;  early  Republi- 
can control,  355-6;  "era  of 
good  feeling,"  356;  serious 
Republican  division,  356-7; 
new  groupings,  357;  Jackson 
and  Democratic  party,  357; 
early    .  tariff      issues,     357-9; 


Clay  and  the  protective  tariff, 
358-9;  first  national  conven- 
tions, 359;  National  Repub- 
licans nominate  Clay,  359;  the 
Whig  party,  359-60;  reaction, 
1837,  360-61;  the  slavery  is- 
sue, 361;  second  Whig  vic- 
tory, 361-2;  last  decade  be- 
fore Civil  War,  362;  modern 
Republican  party  founded, 
363;  election  of  Lincoln,  363; 
early  minor  parties,  363-4; 
party  history,  1860  onward. 
366-375;  Republican  control, 
366-8;  the  Reconstruction 
issues,  367;  Grant's  election, 
367;  a  Democratic  revival, 
368;  Tilden-Hayes  contest, 
368-9;  close  elections  of  1880, 
1884  and  1888,  369;  Demo- 
crats elect  Cleveland,  369; 
tariff  issue  to  the  front,  369- 
70;  McKinley  act,  370;  Cleve- 
land's second  election,  370; 
free  silver  agitation,  371-2; 
Republican  restoration,  372; 
McKinley-Bryan  contests, 
372-3;  the  rise  of  Roosevelt, 
373;  the  Taft  administration 
and  Democratic  revival,  373; 
insurgency  in  Congress,  373; 
the  progressive  bolt  of  1912, 
and  Wilson's  election,  373-4; 
campaigns  of  1916  and  1920, 
374-5;  minor  parties  since 
1860,  375. 

Passports,  issued  by  Secretary 
of  State,  104. 

Patent  Office,  113,   114. 

Patronage,  Presidential,  in  ap- 
pointments, 52-5. 

Pavements,  city,  their  uses  and 
attractions,  315-16;  care  of, 
316. 

Peace  Treaty,  at  Versailles,  58; 
Washington  Conference  for, 
58-60. 

Pensions,  112,  113,  114;  WorM 
War    substitute   for,   154. 

People's  Party,  375. 


414 


Index 


Personal    liberty,    amendments 

to  Constitution,  40-41. 
Petition,  nomination  by,  228. 
Petit  Jury,  218. 

Philippine  Islands,  acquired  by 
U.  S.,  198;  mixed  races,  198- 
9;  American  control  of,  199; 
first  local  Assembly,  199;  its 
elective     Senate,     199;     Con- 
gress   and,    199-200;    present 
Administration,   200;   judicial 
service,  200. 
Planning,  city,  319-21;  influence 
of    White     City    at     Chicago 
upon,     320;     planning     com- 
missions and  the  zoning  sys- 
tem, 320-21. 
Plant  Industry,  Bureau  of,  115. 
Platforms,  party,  15;  of  nation- 
al conventions,  33Z. 
Playgrounds,    city,    318;    their 
value,  318;  city  policy  of,  318. 
Plurality,  of  votes,  hovi?  distin- 
guished from  majority,  346. 
Pocket  Veto,  by  President,  52. 
Police,  on  patrol,  4;   as  public 
protectors,    263;    merit    sys- 
tem, 263;  traffic  service,  285- 
7. 
Political     parties,     government 
by,   12;   national   conventions 
of,  327-39;   records  and   con- 
flicts of,  353-75. 
Poll  tax,  251. 
Poor,  city  aid  of,  302. 
Popular  election,   of   Senators, 

168-70. 
Populist,  political  party,  375. 
Porto  Rico,  its  status,  195;  ac- 
quired by  U.  S.,  195-6;  legis- 
lature and  council,  196;  capi- 
tal, 196;  present  government, 
196-8;     voting    qualifications, 
196;  judiciary.  197-8;  its  com- 
missioner, 198. 
Ports,  of  entry,  108;  safeguard- 
ing from  disease,  108;  immi- 
gration at,  118-19. 
Possessions,    or    dependencies, 
national,  190-202. 


Postal   Savings  Banks,   111-12; 
Postmaster  General,  his  pow- 
ers, 112. 
Postmasters,    agents    of    Post- 
office  department,   110. 
Postoffice     Department,     when 
created,       101;       Postmaster 
General,  101;  its  public  serv- 
ice,  110;  rural  delivery,  par- 
cel  post   and   postal    savings 
banks,      110-12;      Postmaster 
General's    appointing    power, 
112. 
Preamble,  to  Constitution,  24. 
President,     his      Constitutional 
power,  30;  term  of  office  and 
qualifications,  30-31;   manner 
of  election,   31;   commander- 
in-chief,  32;  his   Cabinet,  32; 
pardoning  power,  33;   power 
over    treaties     and     appoint- 
ments, 33;  his  messages,  34; 
his  veto  power,  44;  four  dis- 
tinct   powers,    44;    independ- 
ence of  Congress,  44-5;  how 
he  differs  from  other  execu- 
tives,  45-6;    his   burdens,    46 
official  income  and  residence 
47-8;  the  Succession  act,  48 
risks  of  the  old   system,  49 
the    Cabinet  and  the  succes- 
sion,    50-51;     President     and 
Congress,  51;   President  and 
Legislation,      51-2;       dealing 
with  bills,   52;   filling  the  of- 
fices, 52-3;  the  merit  system, 
53-7;   story  of   Civil     Service 
Reform,  53-7;   the   Executive 
and    special    sessions,    58;    in 
world   affairs,   58;    in    World 
War,    150-53;    his    delegated 
powers,   152-3;   in   charge  of 
publicity      propaganda      and 
espionage,      155-6;      appoints 
Hoover,    156;    food   and    fuel 
•control,     156-9;     takes     over 
railroads,      159-60;      appoints 
territorial      Governors,      194, 
195,    200;    Presidential    nom- 
inations,  327-39;    electors   of. 


Index 


415 


341-51;  famous  electoral  con- 
tests, 346-51. 

President  pro  tern,  Senate,  49. 

Presidential  Electors,  (see 
"Electors"). 

Previous  Question,  in  House 
of  Representatives,  79. 

Primaries,   voting,   13-14;    state 
reform  of,   224-9;   direct  pri- 
maries established,  224-9;  con- 
ventions    abandoned,     226-8 
laws  for  safeguarding,  227-8 
effects    of    new   system,   228 
Presidential,  329. 

Prisons,  State  reforms  in,  233- 
5;  indeterminate  sentences, 
234;  the  parole  system,  234; 
reformatories,  235. 

Privileges,  of  Congressmen, 
87-8. 

Probate,  or  Surrogates'  Courts, 
217. 

Probation,  State  system  of, 
235. 

Procedure,  parliamentary,  in 
Congress.    70-72,   80-81,   84-6. 

Proclamations,  Secretary  of 
State  and,  104;  of  Woman 
Suffrage  amendment,  187. 

Progress  in  voting  reform, 
226-8. 

Prohibition     Amendment,     the 
Eighteenth,     submitted     and 
ratified,    170;    movement   for 
170-76;  the  Maine  Law,  171 
the    Blair    Amendment,    172 
progress   to    1870,    172;    Pro- 
hibition   Party,    172;    spread 
of    the   movement,    172-3;    in 
Congress,      173;      eft'ect      of 
World     War     upon,      173-4; 
war-time      Prohibition      acts, 
173-4;    National    Food    Con- 
trol  Law,   174;   first  enforce- 
ment   legislation,    176;    Com- 
missioners   in    charge,    176. 

Property,  qualifications  for  vot- 
ing, 240-41,  250-51. 

Protection,  Hamilton's  doctrine 


of,  357-8;  Clay's  advocacy, 
358-9;  as  party  issue,  369. 

Public,    highways,    3. 

Public  Health,  department  in 
action,  4;  State  responsibility 
for,  221;  in  cities,  260,  263- 
4;  sanitary  progress,  287-8; 
municipal  protection,  287; 
water  protection,  288-90. 

Public  Safety,  in  cities,  260. 

Public  Service  Corporations,  in 
city,  3;  regulated  by  State, 
209;  municipal  franchises, 
264-5;  local  transportation, 
lighting  and  heating,  310-11; 
what  franchises  are  for,  311; 
stricter  regulations  of,  311- 
12;  street  railway  problems, 
312-14. 

Public  Works,  departments, 
their  important  duties,  264-5; 
in   cities,  7. 

Pure  Food,  insuring,  in  agri- 
cultural department,  115; 
meat  inspection,  115;  in 
cities,  291-2. 


Quarantine,  city  regulations, 
292-3. 

Quorum,  in  the  House,  insur- 
ing a,  80-81. 

R 

Race  Problems,  Chinese,  legis- 
lation  on,    118-19. 

Railroads,  Congress  and,  38; 
Railway  Board  and,  122-3; 
taken  over  by  President,  159; 
Federal  Control  act  for,   159. 

Railway  Labor  Board,  why 
created,  122;  its  membership, 
123;  its  serious  problems, 
123. 

Railway  Mail  Service,  112. 

Rates,  railroad,  government 
control  of,   121-3. 

Real  Estate,  taxation,  165;  in 
cities,  266. 


416 


Index 


Recall,  the,  230. 

Reclamation,  service,  in  inter- 
ior   department,    113-14. 

Reconstruction,  Southern  issue 
of,  367. 

Recorder,   Congressional,  87. 

Recreation,  in  cities,  parks  and 
playgrounds,    316-18. 

Red  Cross,  in  World  War,  161. 

Reformatories,  State,  235. 

Registration,  of  voters,  249. 

Religion,  freedom  of,  40. 

Removal,  of  President  by  im- 
peachment, 35-6;  Federal 
Judges  secure  against,  i7; 
Judges  subject  to  impeach- 
ment, 90;  of  elective  officers 
by  recall,  230. 

Representation,  in  Congress, 
64-7;  in  State  Legislatures, 
210-12. 

Republic,  American,  estab- 
lished by  Constitution,  21-3. 

Republican  Party,  national  con- 
ventions, i2.7\  convention 
delegates,  328-9;  contest  of 
1912,  2)iZ;  majority  rule  in 
conventions,  334;  Presidential 
"dark  horse,"  337-8;  the  first 
party  named  Republican,  354- 
7;  modern  Republican  party 
founded.  363;  it  elects  Lin- 
coln, 363;  since  1860,  366-75. 

Reserve,  Federal,  (see  "Cur- 
rency" and  "Federal  Re- 
serve^'); gold,  in  banks,   142- 

Residence,      requirements      tor 

voting,  251. 
Revenue,     from     taxation,     In- 
ternal,    Collectors     of,     106; 

customs.    Collectors   of,    107; 

direct     and     indirect,     164-6; 

(see   "Taxation"). 
"Riders,"  to  appropriation  bills, 

52. 
Rights,  protection  of  individual, 

40-41. 
Rivers     and     Harbors,     House 

Committee  on,  7i. 


Roosevelt,       Theodore,       his 

speech-making  tours,  47;  trip 
to  Panama,  48;  succeeds  Mc- 
Kinley,  48;  his  membership 
in  Civil  Service  commission 
56;  President  and  leader,  i7i 
crusade  against  Trusts,  i72). 
Progressive  candidate  1912, 
374. 

Rubbish,    and    refuse,    city    re 
nioval  of,  293-5,  316. 

Rules  of  House,  70-72,  80-81. 

Rural,   free  mail   deHvery,   110 
12;  government,  275-6. 


Safety,  Public,  in  cities,  official 
guardians  of,  4-5;  factory 
safeguards,  232;  a  vital  ob- 
ject of  government,  260;  or- 
ganizations for,  263-4;  city 
agencies  of  protection,  284-7; 
safeguards    in    industry,    300. 

Sanitation,  state  codes,  221; 
city,  292-7;  in  schools,  299- 
300;  in  industry,  300. 

Schools,  public,  260;  admin- 
istration of,  270-71;  sanita- 
tion in,  299-300;  their  impor- 
tance, 306;  how  maintained, 
306-8;  compulsory  education, 
306-7;  theory  back  of  it,  307- 
8;  the  States  relation  to,  308; 
taxation  for,  308;  administra- 
tion of,  308-9;  buildings  and 
teachers.  309. 

Secret  Service,  Federal,  108. 

Senates,  State,  210-12. 

Senate,  United  States,  birth  of, 
26;  how  composed,  26;  a  pro- 
tection to  small  States,  27; 
its  term  of  service,  27;  how  it 
differs  from  House,  28-30; 
change  in  Senate  elections, 
28-9;  its  special  powers,  29-30; 
its  relation  to  treaties,  ii; 
to  appointments,  2ii;  Presi- 
dent pro  tern,  49;  receiving 
a  bill,  79;  amendments,  79; 
election  of  members,  81;  age 
limit,    82;     filling    vacancies, 


Index 


417 


83;  functions,  83;  freedom  of 
debate,  84;  the  cloture,  84-5; 
Vice  President  as  presiding 
ofificer,  86;  when  he  votes,  86; 
executive  sessions,  86-7;  Sen- 
ators made  elective,  168-9; 
elects  a  Vice  President,  349- 
50. 

Sergeant-at-Arms,  of  House  of 
Representatives,  69. 

Sessions,  of  Congress,  67-9;  ex- 
ecutive,   in    Senate,    86-7. 

Seventeenth  Amendment,  for 
election   of   Senators,    168-70. 

Sewage,  modern  disposal 
plants,  297. 

Seward,  W.  H.,  conducts 
Alaska  purchase,  193. 

Sheriff,  count}'  servant,  8;  his 
distinction,  277. 

Shipping  Board,  U.  S.,  121,  124. 

Silver  Coinage,  Sherman  pur- 
chase act,  370-71;  earlier 
Bland  act,  371;  a  political 
issue,  371-2. 

Sixteenth  Amendment,  for  in- 
come tax.  164-7;  why  it  was 
necessarv,   166-7. 

Socialist   Party,   375. 

Soldiers  and  Sailors,  insurance, 
154. 

Sovereign  Powers,  of  States, 
208-10. 

Spanish  American  War,  our  an- 
nexations due  to  it,  195-6, 
198.   201. 

Speaker,  of  House,  69;  declines 
in  power,  69-70:  in  Commit- 
tee of  the  Whole,  70-71; 
salary,   87. 

Special  Sessions,  of  Congress, 
67;  of  State  Legislatures,  212. 

Speech,  freedom,  interference 
with,  355. 

Spoils  System,  its  growth,  53-4; 
a  national  menace,  55;  merit 
system  as  a  corrective.  55-7. 

Staff,  General,  of  army.  108. 

States,  in  the  original  Confeder- 
ation. 21-2.  24;  rivalries  in 
Constitutional  convention,  24- 


5;  satisfying  their  claims,  25- 
7;  new  States,  how  admitted, 
38-9;  their  Congress  districts, 
65-7;  for  Prohibition,  173; 
granting  Woman  Suffrage, 
183;  government  of,  207-22; 
powers  denied  to,  2U7-8;  pow- 
ers vested  in,  208;  their  police 
power,  208-9;  education,  209; 
relations  with  corporations, 
209;  Legislatures,  210-12; 
two-chamber  systems,  210-11; 
Legislative  districts,  211-12; 
Governors,  212-13;  their  pow- 
ers, 212;  terms  of  service, 
212-13;  legislative  sessions, 
213;  Constitutions,  214;  how 
amended,  214-15;  judicial 
systems,  215-18;  court  busi- 
ness, 215;  variety  of  courts, 
216;  election  and  terms  of 
judges,  216-17;  courts  of  last 
resort,  217;  Surrogates' 
courts,  217;  prosecutions  for 
crime,  218;  Grand  and  petit 
juries,  218;  militia,  219;  State 
police,  219-20;  administrative 
officers  and  commissions,  220; 
public  health  and  charity, 
220-21;  license,  221;  reforms 
and  problems,  224-36;  direct 
primaries.  224-9;  old  system 
of  nominations.  225-7;  anti- 
boss  revolt,  226-7;  primary 
reform  in  West,  226;  its 
spread,  227;  effects  of  new 
system,  228;  initiative  and  ref- 
erendum, 229-30;  recall,  230; 
curbing  corporations,  230-31 ; 
workmen's  compensation 

acts,  231-2;  factory  protection, 
232;  child  labor.  232-3;  Civil 
Service  in,  233;  prison  re- 
form, 233-5;  probation  sys- 
tems. 235;  taxation  meth- 
ods, 235-6;  World  War  bur- 
dens. 236;  State  and  city,  260; 
their  part  in  education,  306- 
9;  representation  in  national 
committees,  327;  in  national 
conventions,    328-9;    in    Elec- 


418 


Index 


toral  College,  341-3;  influence 
in  deciding  Presidential  elec- 
tions, 347. 

State  Constitutions,  214-15. 

State  Department,  Secretary  of, 
101;  when  established,  101; 
famous  Secretaries  of,  102- 
3;  Secretary  at  Cabinet  meet- 
ing, 103;  his  duties,  103-4; 
bureaus  under  him,  104. 

State  Legislatures,  their  two 
chambers,  25-6;  their  ratifica- 
tion of  Constitutional  Amend- 
ments, 39;  action  in  Suffrage 
Amendment,  185-8;  how  con- 
stituted, 210-11;  districting 
of,  211-12;  and  referendums, 
229-30;  and  Presidential 
Electors,   343. 

State  Militia,  219. 

State   Police,  219-20. 

State's  Rights,  in  Constitution, 
40-41. 

Stocks,  of  street  railways,  313. 

Street  Railways, operating  under 
franchise,  3;  as  public  utilities 
under  city  control,  264-5; 
their  part  in  city  growth, 
312;  transportation  problems, 
312;  "Service-at-Cost"  plan, 
313-14. 

Streets,  sweepers,  4;  traffic 
problems,  285-7;  dangers, 
286;  cleanliness,  294-5. 

Strikes,  railroad,  Railroad  La- 
bor Board  as  a  preventive, 
122-3;  State  arbitration  com- 
missions to  settle,  232. 

Student,  looking  around  on  his 
way  to  school,  3;  his  oppor- 
tunity   as    coming   citizen,   9. 

Succession,    Presidential,  48-51. 

Suffrage,  enfranchisement  of 
women,  178-88;  progress  of 
in  States,  239-44;  early  re- 
strictions on,  239-41;  the 
property  test,  240-41;  voting 
methods,    244-50. 

Supervisors,  county  Boards, 
277. 


Supreme  Court,  United  States, 
created  by  Constitution,  36; 
life  terms,  37 \  secured  against 
removal,  27;  facts  relating  to, 
90-99;  its  independence,  90; 
duty  and  powers,  90-91;  final- 
ity of  decisions,  91;  mem- 
bership and  famous  Justices, 
92-3;  labors  and  sessions,  93; 
handing  down  opinions,  94-5. 

Surgeon  General,  of  army,  109. 

Surrogate,  or  probate  courts, 
217. 


Taft,  Wm.  H.,  Chief  Justice  of 
Supreme  Court,  93;  elected  to 
Presidency,  273;  his  renomi- 
nation  and  resulting  party 
split,  374. 

Tariff,  grievances,  99;  duty  on 
imports,  165;  tariff  issue  in 
American  politics,  357-9;  acts 
of  1816,  1824,  1828  and  1832, 
358-9;  party  issue  in  1888, 
369;    Payne- Aldrich  act,   373. 

Tariff  Commission,  124-5. 

Taxation,  direct  and  indirect, 
164-6;  on  incomes,  164,  166-8; 
State  systems  of,  235-6;  mu- 
nicipal, 265-7;  for  schools, 
308. 

Teachers,  their  employment 
and   compensation,  309. 

Telegraph,  city  service,  5. 

Telephone,  city  service,  5. 

Tenements,  housing  reform  in 
New  York  City,  287. 

Tennessee,  legislature,  decides 
fight  for  Woman  Suffrage, 
187. 

Territories  and  Dependencies, 
190-202;  Constitution  and, 
190;  District  of  Columbia, 
191-2;  Alaska,  192-4;  Ha- 
waii. 194-5;  Porto  Rico.  195- 
8;  Philippines,  198-200;  Canal 
Zone,  200-201;  Guam  and 
lesser  dependencies,  201-2; 
Virgin    Islands,   202;    protec- 


Index 


419 


torates,  Haiti,  Dominican  Re- 
public, Cuba  and  Panama, 
202. 

Tobacco,  tax  on,  165. 

Town,  government,  275-6;  fea- 
tures, problems  and  officers, 
276. 

Trades,  Federal  Commission, 
124. 

Traffic,  street,  problems  of, 
285-7. 

Transportation,  Act  of  1920, 
122. 

Treason,  President's  power  to 
pardon,  33;  Espionage  act  to 
punish  sedition,  156. 

Treasury,  Federal,  department 
of,  101;  Secretary  of,  101, 
104;  his  powers,  104-6;  his 
bureaus  and  subordinates, 
106;  his  tax  collectors,  106; 
represented  on  Federal  Re- 
serve Board,  139,  143;  report 
on  war  cost,  150;  Secretary 
McAdoo  as  Director  General 
of  railroads,   159. 

Treaties,  Senate's  ratifying 
power,  29-30;  President's 
treaty  making  power,  33; 
considered  in  secret  Senate 
session.  86. 

Trees,   city,  care  of,  318-19. 

Trials,  by  jury.  Constitutional 
guarantee,  40;  State  regula- 
tion  of,  217-18. 

Trolley,  service,  3  (see  "Street 
Railway"). 

Trusts,  Congress  and,  38;  State 
regulation  of,  230-31;  Roose- 
velt's fight  against.  230,  373. 

Tuberculosis,  crusade  against, 
298. 

Two-thirds  rule,  in  Democratic 
conventions,  334. 

u 

Union,  of  States,  21-4. 

United  States,  Constitution,  21- 
41;  President  of,  44-60;  Con- 
gress of,  63-88;  Judiciary  of, 
90-99;  administrative   depart- 


ments,  101-25;   dependencies, 

190-202. 
Unit  Rule,  335-6. 
Unsightly  Places,  294. 
Urban      Communities       (see 

"Cities"). 


Valuation,  of  street  railways, 
313-14. 

Vermont,  first  new  State  ad- 
mitted, 38-9;  grants  man- 
hood  suffrage,   241-2. 

Versailles  Treaty,  President 
Wilson's   part   in   it,   58. 

Veto,  Presidential  'power  of, 
44;  methods  of,  51-2. 

Vice  President,  his  qualifica- 
tions, 34;  successor  to  Presi- 
dent, 35;  promotions  of,  35; 
at   Cabinet  meetings,   102. 

Village,  courts,  217;  govern- 
ment, 275-6;  its  problems, 
276;  its  official  service,  276. 

Virgin  Islands,  purchased  by 
United   States,   202. 

Voting,  process,  13;  primary, 
13-14;  how  voters  are 
grouped,  14;  "split"  tickets, 
15;  thinking  voters,  16;  new 
voters,  16-17;  polling  booth, 
17;  voting  qualifications  and 
methods  in  States,  239-54; 
early  systems  of,  239-41; 
State  control  of,  239-40; 
property  requirements,  240- 
41;  manhood  suffrage  in  Ver- 
mont, 241-2;  in  Kentucky  and 
Tennessee,  242;  its  spread, 
242;  colored  men  barred,  242- 
3;  Fifteenth  Amendment, 
243;  effects  of  immigration 
on  suffrage,  243;  educational 
tests,  243-4;  early  election 
methods,  244;  lax  ballot 
laws,  244-6;  election  bribery 
and  fraud,  244-6;  lack  of  se- 
crecy, 245-6;  demand  for  re- 
form, 246;  the  Australian 
idea,     246-7;      Massachusetts 


420 


Index 


ballot,  247;  secrecy  insured, 
247-8;  drawbacks,  248;  regis- 
tration, 249;  ballot  machines, 
249-50;  residence  qualifica- 
tions, 250-51;  poll  taxes,  251; 
disqualifications,  251;  natur- 
alization laws,  252-4;  how 
foreigners  become  voters, 
252-3;  compulsory  voting 
idea,    254. 


W 


for 


Wages,      minimum     laws 
women  workers,  233. 

War,  department.  Secretary  of, 
101;  its  chief  officers,  108-9; 
military  academy,  109. 

War  Finance,  153-5;  corpora- 
tion,   the,    160-61. 

War  Industries  Board,  160. 

War  Insurance,  for  soldiers 
and   sailors,   154. 

Washington,  city,  191-2;  its 
government  by  Congress, 
192. 

Washington  Conference,  called, 
58-9;   its   objects,   59-60. 

Washington,  George,  in  Consti- 
tutional convention,  21;  his 
influence,  32;  his  messages, 
34;  chooses  site  for  national 
capital,  191;  elected  and  re- 
elected. 354. 

Water,  city  uses,  5-6;  city  sup- 
plies and  administration,  264 
bureaus     and     officials,     288 
distributing    agencies,    288-9 
safeguards   of  purity,  289-90. 

Ways  and  Means,  House  Com- 
mittee, 72. 

Weather  Bureau,  115. 

Welfare  Work,  State,  220-21; 
citizens  and,   300-301. 

West  Point,  Academy,   109. 

Whig  Party,  359-62;  Clay's 
leadership  of,  361;  its  first 
victorv,   361. 

White  House,  46,  47,  48. 

Wild   Birds,  protection  of,  116. 


Wilson,  President,  his  war- 
time strain,  46;  his  European 
missions,  ^8;  part  in  League 
of  Nations,  58;  sends  Ver- 
sailles treaty  to  Senate,  87; 
his   two  elections,  374-5. 

Woman  Suffrage,  how  it  af- 
fects civics  study,  11;  a  new 
political  force,  11;  broadens 
family  interest  in  politics,  12; 
the  long  agitation  for,  178- 
88;  Nineteenth  amendment, 
178;  first  Suffrage  state,  179; 
Woman's  Rights  crusade, 
179;  Miss  Anthony  as  leader, 
180-81;  the  question  in  Con- 
gress, 181-2;  a  Suffrage  de- 
feat, 181-2;  Miss  Anthony 
votes,  182;  her  trial.  182-3; 
the  Anthony  Amendment, 
183;  Wyoming  adopts  Suf- 
frage, 183;  other  States  act, 
183;  in  the  National  field,  184; 
Congress  acts,  184;  the  fight 
for  ratification,  184-5;  a  crit- 
ical situation,  185;  Tennessee 
ratifies,  187;  victory  won, 
187-8. 

Women,  labor,  protection  of, 
232-3;  minimum  wage,  233; 
State  laws  for  industrial 
workers,  300. 

Workmen's  Compensation,  231- 
2. 

World  War,  United  States  in, 
149;  cost  to  U.  S.,  150;  our 
army  in,  150;  Constitutional 
war  power,  150-52;  Pres- 
ident's delegated  power,  152- 
3;  financing  the  war,  153-5; 
war  measures  of  U.  S.,  156- 
60;    war    agencies,     160-62. 

Worship,  religious,  freedom  of, 
40. 

Wyoming,  first  territory  and 
State  to  recognize  woman- 
hood  suffrage,    179. 

Zoning  System,  in  cities.  320- 
21;  commissioners  in  charge 
of.  320;  their  duties  and 
powers.   320.  ^_^_^^ 


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